European Union Internal Market Law
Tutorial Five: Free Movement of Services (Weeks 11 and 12)
The aim of this tutorial is to discuss the scope, effect and the limitations of the freedom to
provide and receive cross-border services (Articles 56 – 62 TFEU).
Essential Reading:
Morano-Foadi, Neller, Fairhurst’s Law of the European Union, (Pearson Education Ltd.,)
Chapter 11 431-486 or
Chambers, Davies and Monti, European Union Law (4th ed., Cambridge University Press)
Chapter 17, pp.734-778, or
Barnard, The Substantive Law of the EU: The Four Freedoms, (6 th ed., Oxford University
Press) Chapter 8, pp. 285-317
Case C-293/14 Hiebler v Schlagbauer
Additional Reading:
Barnard, ‘Unravelling the Services Directive’ (2008) 41 Common Market Law Review 323
Hatzopoulos, ‘The Court’s Approach to Services (2006-2012): From Case Law to Case
Load? (2013) 50 Common Market Law Review 459
Case Law:
Case 33/74 Van Binsbergen
Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro
Case C-43/93 Van der Elst v OMI
Case C-60/00 Carpenter v Secretary of State for the Home Department
Case C-341/02 Commission v Germany
Case C-404/05 Commission v Germany
Case C-348/05 Viking Lines
Case C-341/05 Laval
, Introductory Questions:
1. What is a ‘service’ and how does it differ to establishment?
- overlap seen between Art 56 TFEU in regards to temporary provision and
permanent establishment in Article 49 TFEU
- C-55/94 Gebhard
o The concept of establishment is a broad one allowing (on EU citizen) to
participate on a continuous and stable basis in the host state’s economy
and profit therefore in the sphere as a self-employed person
o In contrast, where the provider of services moves to another Member
State, the provisions of the chapter on services as stated on Article 57
TFEU that is to pursue this activity on a temporary basis
o Temporary nature of services – determined in light of situation regularity,
periodicity, and continuity
Can be quite substainal
Meeting of treaty can equip himself or help in the infrastructure in
performing the services
Right of establish n not services
- Art 57 TFEU – definition of services
- Commercial character, craftsmen, activities of profession
- Luisi and Carbone 286/82, 26/83
2. To what extent can free movement of services be regarded a ‘residual’ freedom?
- Case 205/84 Commission v Germany (Insurance)
o Distinctly applicable measures
o Cannot required someone to be resident in that state in order to provide the
service
- Directives 2006/123/EC,
o Member states must ensure that the recipient is not subject to
discriminatory requirements based on nationality or residence
- In addition
- Art 57 TFEU – where does it fits
- Definition excludes anything which may be covered by any one of the freedoms,
so in that sense could be considered as a residual freedom
3. Explain the key aspects of the 2006 Services Directive.
- To ease freedom of establishment and the freedom to provide services
- To strengthen the rights of recipients of services
- To promote the quality of services
- To establish administrative cooperation between Member States
- Art 5 – simplification of administration requirements applicable to access service
o EU tried to enforce these administrative requirements to provide a service
to avoid hinderance and obstacles to the service
o Introduce harmonise form on community level
- Art 9 -Art 15 – establishment
- Art 16 – country of origin principles and requirements imposed on temporary
service provides and justification
Tutorial Five: Free Movement of Services (Weeks 11 and 12)
The aim of this tutorial is to discuss the scope, effect and the limitations of the freedom to
provide and receive cross-border services (Articles 56 – 62 TFEU).
Essential Reading:
Morano-Foadi, Neller, Fairhurst’s Law of the European Union, (Pearson Education Ltd.,)
Chapter 11 431-486 or
Chambers, Davies and Monti, European Union Law (4th ed., Cambridge University Press)
Chapter 17, pp.734-778, or
Barnard, The Substantive Law of the EU: The Four Freedoms, (6 th ed., Oxford University
Press) Chapter 8, pp. 285-317
Case C-293/14 Hiebler v Schlagbauer
Additional Reading:
Barnard, ‘Unravelling the Services Directive’ (2008) 41 Common Market Law Review 323
Hatzopoulos, ‘The Court’s Approach to Services (2006-2012): From Case Law to Case
Load? (2013) 50 Common Market Law Review 459
Case Law:
Case 33/74 Van Binsbergen
Cases 286/82 and 26/83 Luisi and Carbone v Ministero del Tesoro
Case C-43/93 Van der Elst v OMI
Case C-60/00 Carpenter v Secretary of State for the Home Department
Case C-341/02 Commission v Germany
Case C-404/05 Commission v Germany
Case C-348/05 Viking Lines
Case C-341/05 Laval
, Introductory Questions:
1. What is a ‘service’ and how does it differ to establishment?
- overlap seen between Art 56 TFEU in regards to temporary provision and
permanent establishment in Article 49 TFEU
- C-55/94 Gebhard
o The concept of establishment is a broad one allowing (on EU citizen) to
participate on a continuous and stable basis in the host state’s economy
and profit therefore in the sphere as a self-employed person
o In contrast, where the provider of services moves to another Member
State, the provisions of the chapter on services as stated on Article 57
TFEU that is to pursue this activity on a temporary basis
o Temporary nature of services – determined in light of situation regularity,
periodicity, and continuity
Can be quite substainal
Meeting of treaty can equip himself or help in the infrastructure in
performing the services
Right of establish n not services
- Art 57 TFEU – definition of services
- Commercial character, craftsmen, activities of profession
- Luisi and Carbone 286/82, 26/83
2. To what extent can free movement of services be regarded a ‘residual’ freedom?
- Case 205/84 Commission v Germany (Insurance)
o Distinctly applicable measures
o Cannot required someone to be resident in that state in order to provide the
service
- Directives 2006/123/EC,
o Member states must ensure that the recipient is not subject to
discriminatory requirements based on nationality or residence
- In addition
- Art 57 TFEU – where does it fits
- Definition excludes anything which may be covered by any one of the freedoms,
so in that sense could be considered as a residual freedom
3. Explain the key aspects of the 2006 Services Directive.
- To ease freedom of establishment and the freedom to provide services
- To strengthen the rights of recipients of services
- To promote the quality of services
- To establish administrative cooperation between Member States
- Art 5 – simplification of administration requirements applicable to access service
o EU tried to enforce these administrative requirements to provide a service
to avoid hinderance and obstacles to the service
o Introduce harmonise form on community level
- Art 9 -Art 15 – establishment
- Art 16 – country of origin principles and requirements imposed on temporary
service provides and justification
