Self-Control Exercises on Discrimination II

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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 .