Miscellaneous Quiz / Freedom of Establishment (Art. 49)/services (Art. 56)

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Can you name the Freedom of Establishment (Art. 49)/services (Art. 56)?

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HintAnswer
What does Article 49 TFEU specifically aim to prevent?
What aspect of establishment differentiates the rights in Article 49 from those found under services in Artice 56?
Which case first established this?
It stated that this article applies to activities with a ________ limit:
Which case took this further, reiterating that the EU national must be participating 'on a stable and continuous basis in the economic life of another MS?
Which four aspects must therefore be considered when determining which article applies?
Which case affirmed that Article 49 is capable of direct effect?
Which case asserted that it could also have horizontal effect?
Which article provides an official authority exepmption? (as defined by the advocate general in Reyners)
Which was the very first case to make it clear that Article 49 could not be relied upon in purely internal situations?
Which other case provided guidance on this (and was decided at the same time as Auer)?
Which case stated that the article may be relied upon if there is a cross-border element involved?
Give an example of a purely internal situation in Italy
Which case stated that direct discrimination would class as a restriction?
Which case broadened it out to indirect discrimination?
Which case broadened it out further to include measures liable to: hinder, or render less attractive?
Finally, which confirmed that any behaviour that would: prohibit, impede or render less attractive the pursuit of an occupation, would be classed as a restriction under Article 49?
Which article provides public interest derogations, that justify a restriction?
What are the three key public interest derogations?
Which case stated that these derogations are governed by the principal of proportionality
What else can justify restrictions on the freedom of establishment (which are not distinctly discriminatory)?
What is the equivalent for the free movement of goods?
Which case is the origin for imperative requirements being used as a justification for Article 49 restrictions?
HintAnswer
Which case provided the modern formulation for these justifications?
National measures which are liable to hinder or make less attractive the exercise of the freedom of establishment must satisfy which four conditions?
Which article states that this freedom also applies to companies and firms, not just natural persons?
What is the one key difference between companies and individuals? Article 54 requires that the company is _______
Name two countries which apply the incorporation doctrine approach (i.e. office where company was legally incorporated)
Name two countries that use the real seat doctrine approach (where company's central admin is located)
Which case placed the registered office, central admin and principal place of business on equal footing as connecting factors?
Which case is fundamental to the rights of a company to set up agencies/branches?
Which two cases reiterated that setting up a branch in another member state according to their less restrictive rules, was not in itself an abuse of the freedom of establishment?
Which case confirmed the mutual recognition of company status?
Which directive provides detailed rules on a natural persons right to enter and reside in a MS?
Social rights? Such as access to state grants for a mortgage...
Which article provides that directives are to be issued for the mutual recognition of qualifications?
Which case first established this mutual recognition?
Which case extended mutual recognition to situations where no national law existed?
If the two qualifications only partially correspond, what can the national use to illustrate that they have the requisite lnowledge and qualifications?
Which cases involved non-EU qualifications, with subsequence practical experience gained in the EU?
Which case stated that the Vlassopoulou principles apply even where a mutual recognition directive covers the profession in question?
Which case established that Article 56 (freedom to provide services) is capable of direct effect?
Within the scope of Article 56 there are four types of service: Activities of...
However which case stated that abortion could also constitute a service?
Which are the two key conditions that an activity must fulfil to comply as a service?
Which case set out the possibility that the remuneration may be paid by a third party?
HintAnswer
If an activity is to be considered genuine/effective it must not be marginal or ancillary. Which case?
Which article states that the official service exception also applies to the freedom to provide services?
Which article provides that Article 56 will only apply in so far as the services are not governed by the provisions relating to freedom of movement of goods/capital/persons?
However if the other freedom is secondary, Article 56 will take precedence. Case?
Article 56 does not apply to purely internal situations. Case??
If there is any cross-border element, Article 56 will apply. Name 3 cases that support this:
Direct discrimination as a restriction. Case?
Extension to non-discriminatory obstacles. 'Any measure liable to impede or prohibit' Case?
Widened to include 'any restrictions which render less attractive those activities'. Case:
Which article provides the same derogations as found in article 52, to services?
Provide an example of the application of a public policy derogation:
Which case first established the use of imperative reasons as a justification for restrictions on the freedom to provide services?
Which case set out the formula?
What are the four requirements? 1)
2)
3)
4)
Give two examples of imperative reasons being used to justify restrictions:
Right to receive services... Case?
Social rights. Case involving man who was mugged while on holiday in Paris?
Education rights/Case involving Belgians having to pay the minerval fee
 

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