Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
25 Cards in this Set
- Front
- Back
|
Distinction between establishment and services: |
Gebhard v Consiglio (1995)
- “stable and continuous” vs “temporary” - consider continuity and regularity - presence of infrastructure does not prove establishment |
|
|
You can use TFEU 49 in home MS if there is a 2 “union element”
|
Marks and Spencer's v Halsey
|
|
|
TFEU 49 has direct effect and can be relied upon in national courts
|
Reyners v Belgium
|
|
|
Can sue home MS if they're in the way
|
Alpine Investments
|
|
|
TFEU 56 has direct effect and can be relied upon in national courts
|
Van Binsbergen
|
|
|
Services can be provided remotely, by telephone, fax or internet
|
Alpine Investments (1995)
|
|
|
A business can use its own workforce to provide services, even if they are not MS nationals
|
Vander Elst (1994) |
|
|
Right to travel to other MS to receive tourism services
|
Luisi and Carbone (1984) |
|
|
NHS confirmed to be liable for treatment in other MS if treatment at home not possible without undue delay
|
Watts (2006)
|
|
|
Definition of “restriction” for TFEU 49 + 56:
“national measures liable to make less attractive the exercise of fundamental freedoms” |
Gebhard v Consiglio
“national measures liable to make less attractive the exercise of fundamental freedoms” |
|
|
TFEU 49 forbids distinctly applicable measures, i.e. laws that apply to foreigners
|
Reyners v Belgium
|
|
|
TFEU 49 forbids indistinctly applicable measures – things applying to all but with discriminatory effect
|
Commission v Italy
|
|
|
TFEU 49 forbids non-discriminatory stuff that impedes freedom of establishment without any discrimination
|
Sodemare SA
|
|
|
Services Directive 9-13
|
Laws/authorisation schemes only permissible where: |
|
|
Directive 2006/123 outright bans
|
14: |
|
|
MSs must evaluate these for compatibility
|
2006/123, 15 |
|
|
Public Policy (must be a genuine threat to a fundamental interest of society)
|
Omega Spielhallen
|
|
|
TFEU 51 exception - activities connected to the exercise of official authority
|
Reyners v Belgium
- These are very tightly construed by the courts |
|
|
Cassis de Dijon: applied to Establishment:
|
Gebhard |
|
|
Cassis de Dijon: applied to Services:
|
Measure must be:
- Indistinctly applicable Alpine Investments - Justified by imperative requirements in the general interest - Suitable for obtaining the objective |
|
|
- Case where two Danish nationals used UK incorporation rules then set up a branch in Denmark to get around tougher rules at home.
- Justification for not registering was soundness of companies. - Held that creditors have other checks and can obtain guarantees. |
Centros (1999) |
|
|
Indirect discrimination: only firms with the state having a majority shareholding can be offered contracts.
- Justification was to protect confidential data - Held that such breaches could just be made a criminal offence |
Commission v Italy (1989)
|
|
|
Non-discrimination case impeding freedom of establishment: care homes not allowed as for-profit businesses
- Justification to maintain financial stability of social care system - Held this was a reasonable way to organise social care system |
Sodemare SA (1997)
|
|
|
Only those “established in Holland” can be social security advisers
- Justification: necessary for the administration of justice - Held that Netherlands address for service would be sufficient |
Van Binsbergen (1974)
|
|
|
Businesses established in Netherlands banned from cold-calling potential customers
- Justification was it protects the good name of Dutch financial sevices industry - Held it was proportionate because limited to potential customers and other means of contact existed |
Alpine Investments (1995)
|
