Self-Control Exercises on Free Movement of Services
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Articles 56 and 57 TFEU require cross-border element, and consequently one cannot talk of EU services when all aspects of a certain activity are confined to one single Member State. Move may the of a service in order to provide services, as well as the of the service in order to receive services (incl. tourists). The Treaty provisions on services also apply where the service provider and recipient are established in different Member States and there is no personal movement, but only the service is (transmission of television broadcasts through means of ). But, also the situations, where both the service provider and recipient move to another Member State where the service is actually provided (tourist guides travelling with a group of tourists), fall under the Treaty Articles on free movement of services.
According to the Preamble of Directive 123/2006, the concept of "provider" should cover any natural person who is a of a Member State or any legal person engaged in a service activity in a Member State, in exercise either of the freedom of establishment or of the free movement of services. The concept of provider should thus not be limited solely to cross-border service provision within the framework of the free movement of services but should also cover cases in which an operator itself in a Member State in order to develop its service activities there. On the other hand, the concept of a provider should not cover the case of in a Member State of companies from third countries because, under Article 54 of the TFEU, the freedom of establishment and free movement of services may benefit only companies constituted in accordance with the laws of a Member State and having their registered office, central or principal place of within the Union.
The concept of "recipient" should also cover who already benefit from rights conferred upon them by Community acts such as Regulation (EEC) No 1408/71, Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term , Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Furthermore, Member States may extend the concept of recipient to other third country nationals that are within their territory.