Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.Free movement of persons and services – Exercise 5
Suggested solution:
The situation is different from the previous exercise question because now the company remains in its country of origin and offers its services across the border. The economic activity is temporary and for payment; it does not fall under another freedom. Accordingly, it concerns a service (Arts. 56 and 57 TFEU). Again, the same caveat in relation to secondary law on the insurance business applies as in the previous exercise question. Again, the Services Directive does not apply but there is specific secondary law on insurance. Again, for exercise purposes the question is answered in the framework of the Treaty provisions (of course keeping in mind that it is the specific secondary law that applies insofar as it covers a certain issue).
Under the Treaty rules on the free movement of services: authorisation requirements typically are restrictions within the meaning of the Court’s case law (e.g. French Tourist Guides), unless they can be objectively justified. This requires an imperative requirement and proportionality of the measure in question, on both of which we do not have any information.
The second rule is directly discriminatory. The derogation grounds provided for by the Treaty are the same in the context of the free movement of person and of services. Accordingly, the same assessment applies as in the previous exercise question.
[Relevant Charts: Chapter 8, in particular Chart 8/56 and Chart 8/49-8/51]
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