Case C-36/02, Omega

 

Identified should be: 
 
● The parties of the case  
 
● The subject of the case
 
● The structure of Free Movement cases:
-Element of EU law
-Does the case fall under EU free movement law?
-Which free movement rights are restricted?
-Is the restriction distinctive or indistinctive / discriminatory or non-discriminatory?
-Is the restriction justified?
-Is the restriction proportionate?
-Is the restriction necessary in a democratic society? 
 
● What did the ECJ decide?  
 
● Link to human rights in the case  
 
● Importance of the case against the background of human rights’ protection 
 
What were the values weighed by the CJEU in this case?
 
 
Note that in this case, the ECJ balances values in German constitution (human dignity) and fundamental freedoms of the EU. Thus, a clear line of development may be observed, compared to the referred earlier case 1/58, Stork.