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Article 49 TFEU

Article 2
describes family

Difference between Art 49 and Art 56

Art 49 applies to

Derogation from Article 49 is Art 51 and 52 TFEU
for direct nationality discrimination.

Derogation of Art 49 in cases of indirect discrimination or non discriminatory restriciion

Objective justification

Gebhard
principal
Gebhard v Consiglio dell'Ordine degli e Procuratorie di Milano.
(set up a business in Milan with no italian qualification)

Article 56 TFEU

Derogation from Article 56
Applied on direct discrimination, indirect discrimination and non discriminatory restriction.

SPUC v Grogan [1991]
distribution of leaflet regarding abortion in Ireland.

Cowan v Le Treson public
Mr Cowan a tourist was attacked in france and France refused to pay criminal justice compensation.

R v HFEA ex parte Blood [1997]

Article 56 TFEU can be used in following situations

Alpine investment case
(provider service was in Netherlands and the clients where from other member states)

Groener v Irish republic
Irish republic required linguistic competence for a lecturer.

Art 2005/36
recognition of qualifications.