EUROPEAN UNION LAW - PROBLEM 5
1. What is the freedom of services?
Article 56 TFEU = Freedom of services:
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.
Article 57 TFEU = definition of services:
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.
Two questions arose:
1. What was the relationship between the freedom of services and other freedoms
(establishment)?
2. What was the ‘personal scope’ of the freedom of services.
GENERAL REGIME
A. Negative integration: The prohibition in article 56
A. Personal scope I: Beneficiaries and Addressees
Article 56 TFEU prohibits ‘restrictions on freedom to provide services within the Union’ and
the Court has declared the provision to be directly effective in :
Case law: Van Binsbergen case (Page 345)
Para 26
The provision gives a right to self-employed service providers, and not workers, but in
what situations?
Article 56 envisages a single situation:
Literature: Chapter 15, pp. 591-597, 610-620, 628-629 1
Chapter 16, pp. 631-641, 650-654
Cases: Gebhard, Klopp, Vlassopoulou, Daily Mail, Centros, Factortame II, Van Binsbergen,
Alpine Investments, Grogan, Fidium Finanz, Säger
Articles: Brief: Workers, Establishment & Services
1. What is the freedom of services?
Article 56 TFEU = Freedom of services:
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.
Article 57 TFEU = definition of services:
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.
Two questions arose:
1. What was the relationship between the freedom of services and other freedoms
(establishment)?
2. What was the ‘personal scope’ of the freedom of services.
GENERAL REGIME
A. Negative integration: The prohibition in article 56
A. Personal scope I: Beneficiaries and Addressees
Article 56 TFEU prohibits ‘restrictions on freedom to provide services within the Union’ and
the Court has declared the provision to be directly effective in :
Case law: Van Binsbergen case (Page 345)
Para 26
The provision gives a right to self-employed service providers, and not workers, but in
what situations?
Article 56 envisages a single situation:
Literature: Chapter 15, pp. 591-597, 610-620, 628-629 1
Chapter 16, pp. 631-641, 650-654
Cases: Gebhard, Klopp, Vlassopoulou, Daily Mail, Centros, Factortame II, Van Binsbergen,
Alpine Investments, Grogan, Fidium Finanz, Säger
Articles: Brief: Workers, Establishment & Services
