Freedom of services
5 important questions on Freedom of services
6. Discrimination/resctriction. What is the definition of a restriction according to ECJ Case Gräbner?
7. Justification art. 52,62 TFEU + Gebhard formula
- Art. 52 TFEU: public policy, security and health
- Art. 62 TFEU: links special provisions to freedom of services (56 TFEU)
- Gebhard formula:
- Non-discriminatory?
- Requirement in the general interest?
- ECJ Case Gräbner: protection of public health
Does coffeeshop apply for freedom of services?
Conclusion: MS can limit fundamental freedoms to achieve the aim of combating drug tourism.
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What does case Hipster say about freedom applied to healthcare?
- Waiting time for treatment in patient's country dof residence does not exceed the period which is acceptable on basis of objective medical assessment of clinical needs of person concerned
- Freedom of services applies to healthcare
Waiting lists are usually justifiable under EU law. What are limitations?
- Period which is acceptable in light of clinical needs of person concerned:
- medical condition
- history and probable course of illness
- degree of pain
- Flexible and Dynamic setting of waiting times
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