The provider of the service does not need to already have an establishment within the EU

Self-employed persons

The provider of the service doesn't have to be a EU national

Companies and Firms

False

True

Exhaustive list

Activities of a commercial character

CoJ taken a narrow approach

Activities of the professions

Activities of a craftsmen

Activities of an industrial character

Companies, firms and self-employed

No physical presence in another MS

Cross border element

Genuine and effective economic activity (Steymann)

Remuneration (A57)

Duration, regularity, continuity and periodicity

Temporary basis (Gebhard)

Aplies to purely internal situations

Prostitution will not class as a service (Jany)

Steymann

An immoral activity will constitute a service providing that it is remunerated

Not marginal or ancillary

Abortion will not class as a service (Grogan)

An activity pursued for remuneration will be seen as an economic one

An immoral activity will not constitute a service even if it is remunerated

Article 56 does not apply to activities confined within a single member state (Debauve)

Article 56 applies to activities confined within a single member state

Nationals of MS who are established in another MS

The provider and recipient can still be in the same member state but there needs to be a cross border element (Hubbard)

A degree of externality will suffice (Deliege- Judo)

In both Deliege and de Coster the provider and the recipient of service were in the same member state

Carry on an economic activity in a stable and continuous way in another Member State (FtpS)

offer and provide their services in other Member States on a temporary basis while remaining in their country of origin (FoE)

Offer and provide their services in other Member States on a temporary basis while remaining in their country of origin (FtpS)

Carry on an economic activity in a stable and continuous way in another Member State (FoE)

Official authority exemption - FtpS does not apply to activities which are linked to the exercise of official authority

Chapters on FtpS are equal to those for FoE

If the services are governed by FMG, capital or persons provisions

Purely internal situations

Gebhard - FtpS subordinate to FoE

Article 56 does apply to purely internal situations

Ability to temporarily provide services under the same conditions as host nationals

Also applies to FoE

Adds to article 56

Indirect discrimination can be objectively justified

Indistinctly applicable measures (prohibit, impede - Sagar - or make less attractive - Anaiir) - prohibited

Indirect discrimination - prohibited (Koestler

Direct discrimination (nationality, residence) - prohibited (Van Binsbergen)

Restrictions have remained constant over time

Article 56 - prohibits restrictions on nationals who are established in another MS than that of whom the services are intended

Right to move and reside to provide services - Article 57. Temporary basis, detailed rules in Directive 2004/38

Social rights - on same basis as nationals. Commission v Italy (Italian Housing). Equal treatment in Article 24 Directive 2004/38

Right to travel to another MS to receive services (Luisi and Carbone)

Right to bring workforce to host MS for duration of service (Rush Portuguese) - Directive 96/71

No right to receive services only to provide

Italian housing and Cowan - discrimination not prohibited

Right to move and reside to receive services (Van Binsbergen)

Belgium v Humbel

Wirth