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Flashcards in FOS - Cases and facts Deck (18):
1

Art 56

A person may provide a service in another MS and be treated the same as the MS nationals

2

What is the test for a service (3 parts)?

Remuneration
Genuine and effective economic activity
Cross border element

3

What 2 cases demonstrate the remuneration aspect of a service?

Jany - Prossie
SPUC v Grogan - Abortion services

4

Deliege

Judo coach in Belgium. Belgium argued not service as not professional sport. However was providing service and was being paid so genuine and effective economic activity

5

Schindler

Lotteries are economic activity as they are services provided for remuneration - ticket price

6

Proceur du Roi (cross border)

If all elements of a service are in 1 MS then then article 56 will not apply

7

De Coster

Local tax on satellite dishes breaches FOS as affects use of EU wide services

8

Luisi

Went to Italy to receive treatment however had to corss border and was offence to take cash over border. This law was indistinctly a barrier to receiving services, so not permitted under FOE.

9

CA Gouda

Right to operate as business

10

Italian Housing

Social rights

11

Cowan

Right to receive compensation from French statute

12

Sager

Provided service German company had to have licence, British company did not. This was unfair so established that Art 56 prohibits rules which prohibit or otherwise impede provision of sercice where provider lawfully provides that service in another MS

13

Belgiu v Humbel

Right to education as service??

14

Commission v Spain (museum entrance fees)

Recipients of services should be granted access to services in question AND should benefit from any ancillary rights, like free admission

15

Kohll

 Cant get urgent treatment for daughter in Germany but is told same treatment is available in Luxembourg. Cost of treatment was same in Lbourg as in Germany
 Just because an issue concerns social security system of MS, that doesnt preclude application of Art 56. Here, Art 56 applies as service provided on commercial basis

16

Watts

Was on 1 year waiting list for hip replacement, went to France to get it done and paid, was entitled to reimbursement. Art 56 applies.

17

Muller Faure

Rights under Art 56 have to be balanced against considerations relating to management of avialable hospital capacity, control of health expenditure and financial balance of social security systems

18

D2006/123

Services directive