The regulation of services pursues both economic (market failure, protection and promotion of competition) and non-economic objectives. The regulation has to accommodate different ‘modes’ – the World Trade Organization identifies four ‘modes’ of trade in commercial services. The modes will be used as themes to explore the concepts used by the Court to create a single internal market in services. Cases arising from broadcasting rules and gambling will demonstrate the deference to national autonomy in issues of ‘cross-border supply’. However, cases concerning ‘consumption abroad’, in particular of healthcare services, demonstrate a less deferential approach. The strongest defence of free movement of services and establishment appears in cases dealing with ‘commercial presence’ and ‘presence of natural persons’. It will be seen that the CJ tries to defend the rights of natural and legal persons under these provisions. Before plunging into the case law, the primary and secondary rules will be laid out.
Review the options below to login to check your access.
Log in with your Cambridge Aspire website account to check access.
If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.