Self-Control Exercise on the Concept of Services in the TFEU
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Read the paragraph below and fill in the missing words!
In the meaning of the basic treaties of the EU (Article 57 TFEU) "services" are normally provided for
, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and
. "For remuneration" does
that the remuneration must come from the beneficiary of the service. Article 57 (1) TFEU brings
of what constitutes a service, including activities of an
character; activities of a
character; activities of craftsmen; and activities of the
. The case law of the CJEU, as well as the Directive 123/2006 on services in the internal market have expanded the
. About the economic activity in services, the CJEU has ruled in Joined Cases Deliège that sporting activities, in particular, a high-ranking athlete's participation in an international competition, are capable of involving the provision of a number of separate, but closely related
in the meaning of the Treaty, even if some of those services are not paid for by those for whom they are performed. Then, the question arises, whether selection rules applying to international tournaments may constitute a restriction on the freedom to provide services? The Court of Justice said
. Article 57 TFEU talks about services in so far as they are not governed by the provisions relating to freedom of movement for goods, capital and persons - this means that the services Chapter is
to all the other free movement Chapters. If a case is about capital/services, establishment/services, free movement of workers/services, free movement of goods/services, the relevant Treaty provisions are mutually
. The most difficult is considered the delineation between services and
. Usually, the most important basis of distinction here is, whether a certain activity maintains a permanent
in other Member State. According to the case law of the CJEU the key
element as regards the distinction between the freedom of establishment and the free
movement of services is whether or not the operator is
in the Member State where
it provides the service concerned. If the operator is established in the Member State where it provides its
services, it should come under the scope of application of the freedom of
. If, by contrast, the operator is not established in the Member
State where the service is provided, its activities should be covered by the
free movement of
. At the same time, the provider of services may move to another Member State and pursue his activity there on a temporary basis. The temporary nature of the relevant activities has to be determined in the light of the
of the provision of the service, as well as of its regularity, periodicity or
. The fact that the activity is temporary should not mean that the provider may
not equip itself with some forms of infrastructure in the Member State where the
service is provided, such as an
, chambers or
rooms, in so far
as such infrastructure is
for the purposes of providing the service in
question. About delineation of goods and services, the CJEU said in case 155/73, Sacchi, that transmission of a television signal should be regarded as provision of
, whereas trade in material, sound, recordings, films, apparatus and other products used for diffusion of television signals fall under freedom of movement of
. In Joined Cases 60 and 61/84, Cinéthèque, the ECJ regarded the process of production of video-cassettes as the provision of
. In the case C-390/99, Canal Satélite Digital, the ECJ explained that although, when a national measure restricts both - freedom of movement of goods and services, the Court examines the case in relation to o n l y one of those fundamental freedoms where it is shown that, in the circumstances of the case, one of those two fundamental freedoms is entirely
in relation to the other and may be considered together with it, in the field of
it is difficult to determine generally whether free movement of goods or free movement of services should take priority, because the two aspects are often intimately linked. In such circumstances, the restrictions to free movement of goods and free movement of
should be examined
, in the light of both Articles on free movement of goods and Articles on free movement of services in the Treaty. The production and distribution of electricity comes under free movement of
provisions, not free movement of
provisions. For their interrelatedness, services and establishment are regulated in the same Directive 123/2006.