Freedom To Provide Services

Front 1

Article 56

Back 1

Grants the right for nationals of the member states of the EU to provide services within the EU without restriction

Front 2

Van Binsbergen v Bestuur

Back 2

Article 56 can have direct effect

Front 3

Article 57: What constitutes a service

Back 3

Activities of Industrial Character

Activities of a Commercial Character

Activities of a Craftsman

Activities of the Professions

This is not exhaustive and the courts will take a broad approach

Front 4

Article 57: In order to be a service...

Back 4

Remuneration (Deliege v Ligue Francophone)

Genuine and effective economic activity (Steymann)

Front 5

Article 62: The Official Service Exemption

Back 5

Removes activities from the ambit of Article 56 when they are connected to the exercise of official authority

Front 6

Article 57(1)

Back 6

Article 56 will only apply to services and will not govern the freedom of movement for goods, capital and persons

The freedom of establishment and freedom to provide services are mutually exclusive (Gebhard)

Front 7

Procureur du Roi v Debauve

Hubbard v Hamburger

Back 7

Article 56 does not apply to purely internal situations

There must be a sufficient cross-border element

Front 8

What Constitutes a Restriction under Article 56?

Back 8

Anything which impedes or restricts the freedom to provide services (Sager)

Front 9

Justification of Restrictions

Derogations

Back 9

Article 62: Restrictions can be justified on the grounds of public policy, security and health

Front 10

Sager

Commission v Germany (Insurance Services)

Back 10

National Measures can only restrict freedom to provide services if:

They apply to all persons and undertakings

Justified by imperative reasons and the general interest

Objectively necessary

Do not exceed what is necessary

The courts will take into account whether the general interest is already protected by other rules

Front 11

Further Rights from Article 56

Back 11

Right to move and reside in order to provide services

Right to move an reside in order to receive services (Luisi and Carbone)

Right to the same social benefits as nationals (Commission v Italy (Public Housing)), (Cowan v Tresor Public)

Front 12

Belgium v Humbel

Wirth

Back 12

Educational courses provided within a national education system do not constitute a service

Front 13

Article 56: Health Care

Back 13

Public health care will be considered a service under article 56 (Kohll v Union des Caisses de Maladie)

Three grounds it won't be considered a service:

• Risk of undermining a social security systems financial balance (Imperative Req)
  
• The need to maintain a balanced public health service (Article 52 derogation)
• Maintenance of medical competence is essential for public health (Art 52 Derogation)

Directive 2011/24 now deals with cross-border health care

Front 14

Commission v Spain (Museum Entrance Fees)

Back 14

Other public services can come under the ambit of article 56

Front 15

Directive 2006/123

Back 15

The Services Directive:

Member states wont interfere with people trying to provide services within the state unless it is necessary to do so for public interest reasons