Fri rörlighet för tjänster : tolkning av artikel 49 EGF

Sammanfattning: This thesis is concerned with the free movement of services and the interpretation of article 49. The application of article 49 foremost includes all activities within the EC law concept of services, which is to be understood as cross-border economic activities for which the regulations of the other freedoms cannot be applied. As a result of the residual function and the fact that the common market includes all aspects of trade and economy article 49 is applicable to a heterogenic variety of economic activities.The ambit of article 49 has been increasingly widened. National laws regulating not only service activities but also associated legal areas, such as legislation involving national taxation and labour regulations, which indirectly affect the conditions for service activities are within the scope of article 49.This work examines the case law of the Court of Justice and suggests an interpretation of article 49 that differentiates between the actual service activity, the associated legal areas and rights for providers and recipients of services. For service activities, article 49 is to be regarded as a total ban on all restrictions, discriminatory as well as non-discriminatory. The prohibition in article 49 should be interpreted widely, administrative measures and legislation in the service sectors may not in any way hinder or restrict the intra-state trade. As for service associated legal areas article 49 is to be regarded as an expression of the principle of non-discrimination. National legislation in areas such as taxation and procedural laws may not treat foreign services and service providers less favourable. Also rights for providers and recipients of services are confined to equal treatment. Providers and recipients of services from other member states shall benefit from the same rights as nationals.