165913
Description
Flashcards by haideh_hillier, updated more than 1 year ago
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Created by haideh_hillier
almost 11 years ago
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| Question | Answer |
| Article 49 TFEU | Freedom of establishment Freedom to establish business in another member state. |
| Article 2 describes family | Spouse, registered partnership (depends on national law),direct descendants under 21,dependent direct relatives in the ascending line |
| Difference between Art 49 and Art 56 | Art 49 is establishment which is a more permeant than providing service as in Art 56. |
| Art 49 applies to | Setting up agencies, subsidiaries,managing companies in host country. The business should be treated as natural person |
| Derogation from Article 49 is Art 51 and 52 TFEU for direct nationality discrimination. | Art 51 when there is in exercise of official duty Art 52 applies on grounds of public policy, health, security. |
| Derogation of Art 49 in cases of indirect discrimination or non discriminatory restriciion | Is objective justification stems from Cassis de Dejion. |
| Objective justification | In the case of Gebhard v Conssiglio 1 It must be applied in a non discriminatory manner. 2 It must be justified 3 Poroportionate to achieve the aim |
| Gebhard principal Gebhard v Consiglio dell'Ordine degli e Procuratorie di Milano. (set up a business in Milan with no italian qualification) | National measures liable to hinder 1: They must be applied non discriminatory manner 2: it must be justified by reason of general interest. 3: Must be suitable to attain the objective they pursue. 4:Not go beyond what is necessary (proportionate) |
| Article 56 TFEU | Prohibits restriction to provides services in respect of nationals of Member States and nationals of third country who are established within the community. |
| Derogation from Article 56 Applied on direct discrimination, indirect discrimination and non discriminatory restriction. | Public policy, health and security. as well as exercise of official authority. |
| SPUC v Grogan [1991] distribution of leaflet regarding abortion in Ireland. | CJEU,held that service does not have to be remunerated. And the person who receives the service does not have to remunerate. |
| Cowan v Le Treson public Mr Cowan a tourist was attacked in france and France refused to pay criminal justice compensation. | Discrimination on ground of nationality is forbidden by any treaties. |
| R v HFEA ex parte Blood [1997] | Medical treatment is a service under Art 57 TFEU and Mrs Blood had a right under Art 56. This case provided that Eu law is supreme (in conflict of uk law). And allowing an individual to rely on EU law for remedy. |
| Article 56 TFEU can be used in following situations | 1)When provider of a service moves to another Member State to provide service to nationals of host state. 2) To provide service to his own nationals. i.e.. tour guides 3) Recipient of service moves to another. Diane Blood When neither service provider nor the recipient move Alpine Investment case. |
| Alpine investment case (provider service was in Netherlands and the clients where from other member states) | Provider of service and recipient of the service move but service is provided cross border. |
| Groener v Irish republic Irish republic required linguistic competence for a lecturer. | CJEU: Linguistic competency may be required for a particular job even though it excludes foreign nationals. |
| Art 2005/36 recognition of qualifications. | Deals with principal of mutual recognition, subject to compensatory measures. 1: the train in home state is at least 1 year shorter. 2: training is substantially different. |
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