EU LAW
TFEU: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF
- Week 1:
Services Directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0123
- Week 2:
Block Exemption Regulations (330/2010):
https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32010R0330
- Week 4:
Dir 2004/38 right of entry and residence of workers and their family
https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex%3A32004L0038
Dir 492/2011 substantive rights and social advantages
https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex%3A32011R0492
- Week 5:
Citizenship Rights Directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0038
- Week 6:
a). Sex Directive 2006/54/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex
%3A32006L0054
b). Race directive 2000/43/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex
%3A52014DC0002
c). Framework directive 2000/78/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?
uri=celex%3A32000L0078
,Week 1. Freedom of Establishment and to Provide Services
Art. 49 TFEU
Within the framework of the provisions set out below, restrictions on the freedom of establishment
of nationals of a Member State in the territory of another Member State shall be prohibited. Such
prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by
nationals of any Member State established in the territory of any Member State. Freedom of
establishment shall include the right to take up and pursue activities as self-employed persons and to
set up and manage undertakings, in particular companies or firms within the meaning of the second
paragraph of Article 54, under the conditions laid down for its own nationals by the law of the
country where such establishment is effected, subject to the provisions of the Chapter relating to
capital.
Stappenplan art 49 TFEU freedom of stablishment
1. Establishment Participation on a stable and continuous basis in economic life of MS
(Gebhard, para 25)
2. Cross-border element
3. Remuneration
4. Not a worker (independent / self-employed)
5. Secondary legislation applicable art. 2 Services Directive https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex%3A32006L0123
6. Is there a restriction? (Gebhard, para 37) market access
7. Is the measure discriminatory? Direct or indirect?
8. Can the measure be justified?
a. non-/indirect discrimination: a. Treaty derogation
b. Rule of Reason (Gebhard para 37): general interest,
suitable, necessary & proportionate
b. direct discrimination b. Treaty derogation
, Art. 56 TFEU
Within the framework of the provisions set out below, restrictions on freedom to provide services
within the Union shall be prohibited in respect of nationals of Member States who are established in
a Member State other than that of the person for whom the services are intended. The European
Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend
the provisions of the Chapter to nationals of a third country who provide services and who are
established within the Union.
Art. 57 TFEU
Services shall be considered to be ‘services’ within the meaning of the Treaties where they are
normally provided for remuneration, in so far as they are not governed by the provisions relating to
freedom of movement for goods, capital and persons.
‘Services’ shall in particular include: (a) activities of an industrial character; (b) activities of a
commercial character; (c) activities of craftsmen; (d) activities of the professions. Without prejudice
to the provisions of the Chapter relating to the right of establishment, the person providing a service
may, in order to do so, temporarily pursue his activity in the Member State where the service is
provided, under the same conditions as are imposed by that State on its own nationals
Stappenplan art 56 & 57 freedom of services
1. Services, not establishment temporary character (Gebhard, para 25)
2. Cross-border element
3. Renumeration
4. Not a worker (independent / self-employed)
5. Secondary legislation applicable art. 2 Services Directive https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex%3A32006L0123
6. Is there a restriction? a measure that hinders or makes the exercise of fundamental
freedoms less attractive → Gebhard par. 37
7. Is the measure discriminatory? Direct or indirect?
8. Can the measure be justified?
a. non-/indirect discrimination: a. Treaty derogation art. 51 → official authorities might
discriminate directly court has interpreted this narrowly and
denied this to many professions art. 52 direct discrimination
might be allowed for public policy, security, health
b. SD art. 9 (service > rule of reason) 16 (establishment NOT)
c. Rule of Reason (Gebhard para 37): general interest,
suitable, necessary & applied in non-direct
discriminatory manner
b. direct discrimination a. Treaty derogation art 51 → official authorities might
discriminate directly court has interpreted this narrowly and
denied this to many professions art. 52 direct discrimination
might be allowed for public policy, security, health
TFEU: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF
- Week 1:
Services Directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0123
- Week 2:
Block Exemption Regulations (330/2010):
https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32010R0330
- Week 4:
Dir 2004/38 right of entry and residence of workers and their family
https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex%3A32004L0038
Dir 492/2011 substantive rights and social advantages
https://eur-lex.europa.eu/legal-content/NL/TXT/?uri=celex%3A32011R0492
- Week 5:
Citizenship Rights Directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0038
- Week 6:
a). Sex Directive 2006/54/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex
%3A32006L0054
b). Race directive 2000/43/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex
%3A52014DC0002
c). Framework directive 2000/78/EC https://eur-lex.europa.eu/legal-content/EN/TXT/?
uri=celex%3A32000L0078
,Week 1. Freedom of Establishment and to Provide Services
Art. 49 TFEU
Within the framework of the provisions set out below, restrictions on the freedom of establishment
of nationals of a Member State in the territory of another Member State shall be prohibited. Such
prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by
nationals of any Member State established in the territory of any Member State. Freedom of
establishment shall include the right to take up and pursue activities as self-employed persons and to
set up and manage undertakings, in particular companies or firms within the meaning of the second
paragraph of Article 54, under the conditions laid down for its own nationals by the law of the
country where such establishment is effected, subject to the provisions of the Chapter relating to
capital.
Stappenplan art 49 TFEU freedom of stablishment
1. Establishment Participation on a stable and continuous basis in economic life of MS
(Gebhard, para 25)
2. Cross-border element
3. Remuneration
4. Not a worker (independent / self-employed)
5. Secondary legislation applicable art. 2 Services Directive https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex%3A32006L0123
6. Is there a restriction? (Gebhard, para 37) market access
7. Is the measure discriminatory? Direct or indirect?
8. Can the measure be justified?
a. non-/indirect discrimination: a. Treaty derogation
b. Rule of Reason (Gebhard para 37): general interest,
suitable, necessary & proportionate
b. direct discrimination b. Treaty derogation
, Art. 56 TFEU
Within the framework of the provisions set out below, restrictions on freedom to provide services
within the Union shall be prohibited in respect of nationals of Member States who are established in
a Member State other than that of the person for whom the services are intended. The European
Parliament and the Council, acting in accordance with the ordinary legislative procedure, may extend
the provisions of the Chapter to nationals of a third country who provide services and who are
established within the Union.
Art. 57 TFEU
Services shall be considered to be ‘services’ within the meaning of the Treaties where they are
normally provided for remuneration, in so far as they are not governed by the provisions relating to
freedom of movement for goods, capital and persons.
‘Services’ shall in particular include: (a) activities of an industrial character; (b) activities of a
commercial character; (c) activities of craftsmen; (d) activities of the professions. Without prejudice
to the provisions of the Chapter relating to the right of establishment, the person providing a service
may, in order to do so, temporarily pursue his activity in the Member State where the service is
provided, under the same conditions as are imposed by that State on its own nationals
Stappenplan art 56 & 57 freedom of services
1. Services, not establishment temporary character (Gebhard, para 25)
2. Cross-border element
3. Renumeration
4. Not a worker (independent / self-employed)
5. Secondary legislation applicable art. 2 Services Directive https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex%3A32006L0123
6. Is there a restriction? a measure that hinders or makes the exercise of fundamental
freedoms less attractive → Gebhard par. 37
7. Is the measure discriminatory? Direct or indirect?
8. Can the measure be justified?
a. non-/indirect discrimination: a. Treaty derogation art. 51 → official authorities might
discriminate directly court has interpreted this narrowly and
denied this to many professions art. 52 direct discrimination
might be allowed for public policy, security, health
b. SD art. 9 (service > rule of reason) 16 (establishment NOT)
c. Rule of Reason (Gebhard para 37): general interest,
suitable, necessary & applied in non-direct
discriminatory manner
b. direct discrimination a. Treaty derogation art 51 → official authorities might
discriminate directly court has interpreted this narrowly and
denied this to many professions art. 52 direct discrimination
might be allowed for public policy, security, health
