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Free Movement Of Services And Freedom Of Establishment Notes

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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

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