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Tutorial 8
Readings
general legal framework
scope
restrictions
justification
always check service dir first: scope? —> is there something more
specific? (posted workers, etc—> go to that one) —> if outside of
service dir scope, go back to treaties
Articles 56 and 57 TFEU
56: freedom to provide services (restrictions on freedom to provide
services should be prohibited)
residual nature: only applies if other privisons do not (Gebhard)
1 condition: EU citizenship for receiver
who can rely on it: natural and legal persons
legal person: nationality does not matter but company needs to
be established in a member state
company can be nonprofit, private or public
covers both user and provider of the service
broad understanding of cross border element
applies whenever service provider and receiver are established in
different states
if provider travels to another state to provide service (Van
Binsbergen)
Tutorial 8 1
, receiver travels abroad to receive service (Luisi and Carbone)
both receiver and provider travel to different state
even if transaction is domestic, if the service is provided
and received abroad
even applies if receiver and provider do not move (internet,
cold calling- Alpine Investments)
57: definition of services
remuneration: does not need to be money but u need to get in in
exchange for the service (Steymann)
public education: not a service
healthcare: service
if unlawful or immoral, it is still a service
free websites are still a service- we pay in data
discrimination can be direct or indirect (ind: residence
requirement)
or just obstacles hindering market access: Mobistar, Airbnb
Ireland: need to show effect on market access (if its too indirect or
too uncertain- no effect)
Article 51: public authority exception
examples of restriction: in the way the service is provided,
advertised, use of premises, etc.
Tutorial 8 2
Tutorial 8
Readings
general legal framework
scope
restrictions
justification
always check service dir first: scope? —> is there something more
specific? (posted workers, etc—> go to that one) —> if outside of
service dir scope, go back to treaties
Articles 56 and 57 TFEU
56: freedom to provide services (restrictions on freedom to provide
services should be prohibited)
residual nature: only applies if other privisons do not (Gebhard)
1 condition: EU citizenship for receiver
who can rely on it: natural and legal persons
legal person: nationality does not matter but company needs to
be established in a member state
company can be nonprofit, private or public
covers both user and provider of the service
broad understanding of cross border element
applies whenever service provider and receiver are established in
different states
if provider travels to another state to provide service (Van
Binsbergen)
Tutorial 8 1
, receiver travels abroad to receive service (Luisi and Carbone)
both receiver and provider travel to different state
even if transaction is domestic, if the service is provided
and received abroad
even applies if receiver and provider do not move (internet,
cold calling- Alpine Investments)
57: definition of services
remuneration: does not need to be money but u need to get in in
exchange for the service (Steymann)
public education: not a service
healthcare: service
if unlawful or immoral, it is still a service
free websites are still a service- we pay in data
discrimination can be direct or indirect (ind: residence
requirement)
or just obstacles hindering market access: Mobistar, Airbnb
Ireland: need to show effect on market access (if its too indirect or
too uncertain- no effect)
Article 51: public authority exception
examples of restriction: in the way the service is provided,
advertised, use of premises, etc.
Tutorial 8 2
