Free Services Cases

Question 1

Jany

Answer 1

Prostitution is a service because normally provided for remuneration

Question 2

Society for Protection of Unborn Children v Grogan

Answer 2

Provision of abortion is a service

Question 3

Deliege

Answer 3

Sporting activity is economic activity for purposes of Art 56.
Remuneration doesn’t have to come from recipient of service so long as it comes from interested party (sponsorship)

Question 4

Schindler

Answer 4

Lotteries are economic activity as they are services provided for remuneration - ticket price

Question 5

Procureur du Roi v Debauve

Answer 5

Art 56 does not apply to activities whose relevant elements are confined within a single member state

Question 6

Coster

Answer 6

Local tax on ownership of satellite dishes breaches Art 56 - dissuades people from buying dishes receiving programmes broadcase in other MS

Question 7

Hubbard v Hamburger

Answer 7

• German law discriminatory on grounds of nationality

- cross border element despite both provider and recipient of services being in UK

Question 8

Luisi

Answer 8

• law preventing money being moved over borders was an indistinctly applicable breach
• people might need to move to provide and receive services.

Question 9

Gouda

Answer 9

Direct discimination and indirect discrimination were covered by Art 56

Question 10

Van Binsbergen

Answer 10

• Art 56 directly effective
• Residency requirements are indirectly applicable measures, but can be justified
• here justified as applied to all individuals within MS and justified to enforce rules of professional conduct

Question 11

Commission v Italy Italian Housing

Answer 11

Italian provisions allowing only Italians to have access to social housing was in breach of Art 49, 56 and 18

Question 12

Cowan v Tresor

Answer 12

Tourist mugged on holiday, applies for compensation from public funds, compensation was only available to French nationals, as a tourist he was recipient of services like art galleries, refusal to provide compensation is obstacle to access/pursuit of these activities.
Breach of Art 18 and 56

Question 13

Commission v Germany Insurance Services

Answer 13

National rules restricting provision of services only allowed if indistinctly applicable and if they were proportionate

Question 14

Sager v Dennemeyer

Answer 14

• Art 56 prohibits rules which impede provision of service where provider lawfully provides that service in another MS
  MS can impose national rules limiting freedom to provide services but these msut be
  1. justified by imperative reasons
  2, non-discriminatory
  3. objectively necessary to ensure compliance with professional rules
  4. proportionate to objective

Question 15

Commission v Spain Museum Entrance Fees

Answer 15

Recipients of services should be granted access to services in question AND should benefit from any ancillary rights, like free admission

Question 16

Kohll

Answer 16

• Art 56 engaged where people go to other MS to receive treatment, pay for it initially and then try and reclaim the money on their return.
• requirement that nationals must obtain prior authorisation from a social security institution before getting treatment in another MS was breach of Art 56
• MS can organise their own social security systems but htey must abide by EU law when doing so

Question 17

Peerbooms

Answer 17

Claimants had paid for medical services so fulfilled econ activity requirement of Art 56

Question 18

Watts v Bedford

Answer 18

Was on 1 year waiting list for hip replacement, went to France to get it done and paid, was entitled to reimbursement. Art 56 applied

Question 19

Muller Faure

Answer 19

MS can restrict the freedom to provide medical services so far as

• the maintenance of treatment capacity
• or medical competence
• is essential for public health

Question 20

Humbel

Answer 20

state education is not a service because it is not provided in return for remuneration

Question 21

what gives right to services?

Answer 21

Art 56 - restrictions on freedom to provide services prohibited