Freedom of establishment and to provide services

Freedom of establishment and to provide services

1. Article: 49, 56 and 57 TFEU

2. Establishment

   • Factorame
   • Steinhouser v City of Biarritz
   • Rights attached
     • Article 49 TFEU
     • Access to self-employment primary and secondary establishment (Klopp)
     • Of entry and residence of family members
     • Principle of equal treatment (Reyners, Commission v Italy)
     • Social advantages and equal treatment Commission v Italy (social housing)
     • equal treatment and taxation

3. Services: provided for remuneration

   • Belgium v Humbel
   • SPUC v Grogan
     • Freedom to receive services Luisi & Carbone v Ministero del Tesoro
       • Free movement of students
         • Fees
         • Scholarships and grands Brown v Lair
           • Grzelczyk
           • Bidar
   • Social rights (Carpenter)
   • Access to the market in other MS (Gouda)
   • Professional rules must not inhibit freedom of providing services (Van Beinsbergen)
     • In the Insurance cases, the CJ held that the professional rules of the host Member State were only applicable to providers of services if: 1) their application is justified by imperative reasons relating to the public interest; 2) the public interest is not already protected by the rules of the State of establishment; and 3) the same result cannot be obtained by less restrictive means.