Always at Your Service (Within Limits): The ECJ's Case Law on Article 56 TFEU (2006-11)

Abstract

The European Court of Justice's case law between 2006 and 2011 on the freedom to provide services develops the principles of the earlier jurisprudence, but adds nuances and new beginnings to a number of questions, in particular regarding the distinction of that freedom from the other freedoms under the Treaty, wholly internal situations, proportionality and the burden of proof. While these developments are largely to be welcomed, the multiplicity of the Court's approaches to the question of when national measures amount to restrictions on the freedom to provide services remains a worry, as does the recent transfer of the "too uncertain and indirect" formula from the case law on the free movement of goods to the freedom to provide services. © 2011 Thomson Reuters (Professional) UK Limited and Contributors.