Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011. The document also includes supporting commentary from author Noreen O'Meara.
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Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011
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6. General principles of law and the Charter of Fundamental Rights
This chapter discusses the overarching principles of the Union legal order, e.g. subsidiarity, proportionality, sustainability and equality; fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency and legal professional privilege).
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4. Article 34 TFEU and Certain Selling Arrangements
This chapter discusses the following: market circumstances rules and Article 34 TFEU; the decision in Keck and its application to cases of ‘certain selling arrangements’; and the ramifications of this ruling, particularly in respect of those rules that did not fit the category of certain selling arrangements. It also considers the relevance of the Trailers case and the Unfair Commercial Practices Directive 2005/29, both of which have narrowed the areas to which Keck applies still further.
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11. Free movement of services: the freedom to provide and receive services
This chapter examines the law on the free movement of services in the European Union. It discusses the service economy and the law on services; non-discrimination and the direct effect of Article 56 TFEU; the meaning of services; remuneration; economic services and other activities; services and cross-border activity; the freedom to provide a service; the freedom to receive services; health care provision; services that move where the provider and recipient do not; limitations on services freedom; public interest grounds limiting the freedom of Article 56 TFEU; proportionality; illegal services; the focus on market access and the Services Directive.
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7. Freedom of establishment and freedom to provide and receive services
Matthew J. Homewood and Clare Smith
This chapter focuses upon Article 49 TFEU and the Freedom of establishment and Article 56 TFEU and the freedom to provide services. The chapter explores the meaning and scope of the concepts including application to both natural and legal persons alongside an analysis of the content of rights afforded and the equal treatment provisions therein. Consideration is also given to derogations to the freedoms on the grounds of public policy, public security, and public health (Articles 52 and 62 TFEU) and the official authority exception within Articles 51 and 62 TFEU.
