Freedom to Provide Services

By using these EU Freedom to Provide Services Law notes, you should be able to differentiate between freedom of establishment and freedom to provide services. These EU law notes hep you define what services are. This EU chapter we explain what rights providers of services have under Article 56. A student will be able to differentiate between rules which directly discriminate against service providers and those which are indirectly discriminatory. The notes will help you understand how member states can justify laws which restrict the freedom to provide services.

Cases

Freedom to provide services: the scope of Articles 56 and 57 TFEU

Deliège v Ligue Francophone de Judo et Disciplines Associées ASBL (Cases C-51/96 and C-191/97) [2000] ECR I-2549

Matters falling outside Article 56’s ambit

Definition given by the Advocate General in Reyners v The Belgian State.

Omega Spielhallen- und Automatenaufstellungs-GmbH v Oberbürgermeisterin der Bundesstadt Bonn (Case C-36/02) [2004] ECR I-9609

Procureur du Roi v Debauve (Case 52/79) [1980] ECR 833

Restrictions on freedom to provide services

Säger v Dennemeyer & Co Ltd (Case 76/90) [1991] ECR 421

Justification of restrictions

Commission v Germany (Insurance Services) (Case 205/84) [1986] ECR 3755

The rights to provide and receive services granted by Article 56

Article 56 and 57 TFEU.

Luisi and Carbone v Ministero del Tesoro (Joined Cases 286/82 and 26/83) [1984] ECR 377

Cowan v Tresor Public (Case 186/87) [1989] ECR 195