Free movement of services

4 important questions on Free movement of services

Cross border services

  1. The service provider crosses the border (57 last paragraph)
  2. the recipient of the service crosses the border
  3. both the service provider and the recipient cross the border
  4. the service itself crosses the border, no physical movement on the part of the provider nor the recipient.

Distinction establishment and services

Establishment: indefinite period of time
Service: temporality economic activities

only important if provider or recipient is crossing the border. If the service itself is crossing the border, the period of time is not of importance.

When does the directive apply

  1. Art. 1 Dir. 2006/123
    1. applies both to establishment and services
  2. art. 2 jo. 4(1) Dir. 2006/123
    1. applies to services
      1. 4(1)
    2. excludes a number of services
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Freedom of services; prohibitions

  1. 16 Dir
    1. alle are prohibited
    2. unless justified
  2. 16(2)
    1. 7 requirements from case law which are in particular prohibted
  3. 16(3)
    1. possible justification grounds
  4. 17
    1. 16 does not apply to mentioned measures
  5. 18
    1. safety of services allowed, if conditions met.

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