Matters fall outside the scope of Article 56

Question 1

Commission v Italy; Commission v Greece

Answer 1

Official authority exemption does not only concerns freedom of establishment, but also the freedom of services

Question 2

Omega

Answer 2

Article 56 will only apply in sir far as the services are not governed by the provisions relating to the freedom of movement for goods, capital and people

Question 3

Gebhard

Answer 3

1) Provisions on services are subordinate to those of the chapter on establishment
2) What does temporary mean(central to a service)
- look at 1) duration, 2) regularity and 3) periodicity

Question 4

Procureur du Roi v Debauve

Answer 4

Article 56 does not apply to activities whose relevant elements are confined within a single member state

Question 5

Deliege

Answer 5

Cross element is crucial

Question 6

De Coster

Answer 6

ECJ held that a local tax on ownership of satellites dishes breached article 56 because it would dissuade people from buying dishes, and thus receiving less programmes from abroad

Question 7

Hubbard v Hamburger

Answer 7

Artciel 56 also applies to service recipient and service providers in the same member state, as long as there is some cross border element (testator’s estate in Germany)