Irish BCL Notes > Trinity College Dublin Irish BCL Notes > Irish European Union Law Notes

Free Movement Of Services And Freedom Of Establishment Notes

This is a sample of our (approximately) 5 page long Free Movement Of Services And Freedom Of Establishment notes, which we sell as part of the Irish European Union Law Notes collection, a 1 package written at Trinity College Dublin in 2008 that contains (approximately) 47 pages of notes across 6 different documents.

Learn more about our Irish European Union Law Notes

The original file is a 'Word (Docx)' whilst this sample is a 'PDF' representation of said file. This means that the formatting here may have errors. The original document you'll receive on purchase should have more polished formatting.

Free Movement Of Services And Freedom Of Establishment Revision

The following is a plain text extract of the PDF sample above, taken from our Irish European Union Law Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.

Free Movement of Services Article 49 restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of Member States who are established in a State of the Community other than of the person for whom the services are intended. Article 50 Services shall be considered to be services within the meaning of this Treaty where they are normally provided for remuneration insofar as they are not governed by the provisions relating to freedom of movement for goods, capital and persons In particular they include A) activities of an industrial character, B) activities of a commercial character, C) activities of craftsmen and D) activities of the professions Directive 2006/123 Article 9 Authorisation schemes must not be arbitrary, must be necessary in the public interest and employ the least restrictive means available Article 10 A scheme is not arbitrary if it is unambiguous, its criteria are known in advance and it is transparent and accessible Van Binsbergen (ECJ 1974) Facts

• The reference arose from a case where a qualified Dutch lawyer challenged the failure of the Dutch authorities to allow him act as a legal representative on the grounds that he was not established in the Netherlands. Issue

• Free movement of services - Direct Effect Judgment

• As regards the abolition of discrimination on the basis of nationality or residence in respect of the provision of services, the relevant Articles of the Treaty impose a well-defined obligation, the fulfillment of which would become jeopardised if it were found not to have direct effect. Inter-State element required Case 52/79, Debauve [1980] ECR 833


Belgian rules prohibited advertising on television or radio.


A case was taken against cable companies who broadcast foreign tv stations without excising their advertisements.


As this involves regulation of national broadcasters, the rules are permissible, so long as they are applied without discrimination to broadcasters of national and foreign programming. Freedom to receive services Case 186/87, Cowan [1989] ECR 195


State compensation scheme for victims of assault


Limited to French nationals

****************************End Of Sample*****************************

Buy the full version of these notes or essay plans and more in our Irish European Union Law Notes.