LEC 2 questions Flashcards
what dies article 49 prohibit?
restrictions on the freedom of an EU Member State national or business to establish itself in another EU Member State
what is the difference between service establishment
services are temporary whereas establishment is more permanent
what principle does the Sager case apply to the area of free movement of services?
The principle of objective justification
Which of these is an example of direct discrimination?
a.
The Latvian law does not permit people of particular religions to open shops in Latvia
b.
The Latvian law does not permit Lithuanian nationals to open shops in Latvia
c.
The Latvian law does permit people over 50 to open shops in Latvia
answer: B
What is the principle of objective justification?
If a national measure if indirectly discriminatory, it may be justifiable if it is imperative in the national interest, and the measure is proportionate
Is a company that makes a loss a company for the purposes of freedom of establishment?
yes, the definition of a company only requires profit making intention
When is the “objective justification” test applied?
In cases of indirect discrimination, if no permitted derogation applies
Which Article of the TFEU sets out the permitted derogations in cases of establishment and services?
Article 52
Which of the following qualify under the provisions on free movement of services to work in other Member states?
carpenters, lawyers and accountants
