Self-Control Exercises on Discrimination II
Read the paragraph below and fill in the missing words!
The principle of equal treatment in the internal market entails the prohibition of any
discrimination on grounds of
, but also of any indirect discrimination
based on other grounds but capable of producing the
result. Therefore,
to
a service activity or the
thereof in a Member State, either as a
principal or secondary activity, should not be made subject to criteria such as
place of
, residence, domicile or principal provision of the
service activity. However, these criteria should not include
according to which a provider or one of his employees or a
must
be present during the exercise of the activity when this is justified by an
reason relating to the public interest. Furthermore, a Member State
should not restrict the legal capacity or the right of companies, incorporated
in accordance with the law of another Member State on whose territory they have
their primary
, to bring legal proceedings. Moreover, a Member
State should not be able to confer any advantages on providers having a
particular national or local socio-economic link; nor should it be able to
restrict, on grounds of place of establishment, the provider's freedom to
, exploit or dispose of rights and goods or to access different forms of
credit or accommodation in so far as those choices are useful for access to his
activity or for the effective
thereof.
That discrimination on grounds of the nationality of the recipient of services or national or
local residence is
means that if such discrimination takes the form of an
obligation, imposed only on nationals of another Member State, to supply
original documents, certified copies, a certificate of nationality or official
translations of documents in order to
from a service or from more
terms or prices, such must be prohibited. The prohibition of discriminatory
requirements should not preclude the reservation of advantages, especially as
regards tariffs, to certain recipients, if such reservation is based on
and
criteria. As regards high-quality services, any operator providing services involving a direct and
health, safety
or financial risk for the recipient or a
should, in principle, be
covered by appropriate professional liability insurance, or by another form of
which is equivalent or comparable, which means, in particular, that
such an operator should as a general rule have adequate insurance cover for
services provided in one or more Member States other than the Member State of
establishment. Such insurance or guarantee should be appropriate to the nature and
extent of the
.