Free Provision of Services

Question 1

Definition

Answer 1

Right of EU nationals and companies to offer temporary services across borders without discrimination or restrictions

Question 2

Article 56 TFEU

(Legal basis)

Answer 2

Prohibits restrictions on the freedom to provide services across MS

Question 3

Article 57 TFEU

(Legal basis)

Answer 3

Characterizes services as normally provided for remuneration

Question 4

Scope

Answer 4

Temporary + cross border + paid (remuneration)

Question 5

Debauve case

Answer 5

Purely internal situations are not covered

Question 6

Restrictions

Answer 6

Direct discrimination is automatically illegal

Indirect discrimination (e.g. residence requirements) needs justification

All obstacles to market access can be considered restrictions

Question 7

Justification

(Säger case)

Answer 7

Established 3 tests for a justified restriction:

1 – Public policy reason
2 – Non discriminatory
3 – Proportionate (necessary + appropriate [no less restrictive alternative])

Question 8

Van Binsbergen case

Direct discrimination

Answer 8

Nationality/residence requirements banned

Question 9

Alpine investments case

Answer 9

Indirect restrictions allowed if justified

Ex: banning telemarketing (direct marketing through internet/phone for consumer protection purposes)

Question 10

Luisi and Carbone case

Answer 10

Right to receive services included

Question 11

Active freedom

Answer 11

Provider of service moves

Ex: Lawyer goes to France to provide legal counsel

Question 12

Passive freedom

Answer 12

Receive of service moves

Ex: Patient travels to Spain for surgery

Question 13

Mutual recognition

Answer 13

Professional qualifications in one MS must be respected unless justified barriers