European Free Trade

1. European Free Trade Goods and Services

2. The European conception of free tradeGoods • No tariffs (custom duties (since 1968) + • EEC treaty : Quantitative restrictions on imports (and exports) and all measures having equivalent effect shall be prohibited between Member States.  => No discrimination based on the origin of goods is allowed

3. Dassonville case1974 • « ALL TRADING RULES ENACTED BY MEMBER STATES WHICH ARE CAPABLE OF HINDERING, DIRECTLY OR INDIRECTLY, ACTUALLY OR POTENTIALLY, INTRA-COMMUNITY TRADE ARE TO BE CONSIDERED AS MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS »

4. Cassis de Dijon case1979 Lesson n°1 IN THE ABSENCE OF COMMON RULES RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL, IT IS FOR THE MEMBER STATES TO REGULATE ALL MATTERS RELATING TO THE PRODUCTION AND MARKETING OF ALCOHOL AND ALCOHOLIC BEVERAGES ON THEIR OWN TERRITORY .

5. Cassis de Dijon case1979 Lesson n°2 OBSTACLES TO MOVEMENT WITHIN THECOMMUNITY RESULTING FROM DISPARITIES BETWEEN THE NATIONAL LAWS RELATING TO THE MARKETING OF THE PRODUCTS IN QUESTION MUST BE ACCEPTED IN SO FAR AS THOSE PROVISIONS MAY BE RECOGNIZED AS BEING NECESSARY IN ORDER TO SATISFY MANDATORY REQUIREMENTS RELATING IN PARTICULAR TO THE EFFECTIVENESS OF FISCAL SUPERVISION , THE PROTECTION OF PUBLIC HEALTH , THE FAIRNESS OF COMMERCIAL TRANSACTIONS AND THE DEFENCE OF THE CONSUMER .

6. Cassis de Dijon case1979 Lesson n°3 THERE IS NO VALID REASON WHY , PROVIDED THAT THEY HAVE BEEN LAWFULLY PRODUCED AND MARKETED IN ONE OF THE MEMBER STATES , ALCOHOLIC BEVERAGES SHOULD NOT BE INTRODUCED INTO ANY OTHER MEMBER STATE.

7. Free provision of services • Notion of service? • Whatdoes « free trade » mean for services?

8. The Grogan case1991 First question : ismedical termination of pregnancy, performed in accordance with the law of the State where it is carried out, a service ?

9. The Grogan case1991 • services are to be considered to be "services" within the meaning of the Treaty where they are normally provided for remuneration, in so far as they are not governed by the provisions relating to freedom of movement for goods, capital or persons • Termination of pregnancy, lawfully practised in several Member States, is a medical activity which is normally provided for remuneration and may be carried out as part of a professional activity => itis a service, even if thereissome moral arguments againstit (which do not concern the EC).

10. The Grogan case1991 2nd question: is contrary to Community law for a Member State in which medical termination of pregnancy is forbidden to prohibit students associations from distributing information about the identity and location of clinics in another Member State where medical termination of pregnancy is lawfully carried out and the means of communicating with those clinics, where the clinics in question have no involvement in the distribution of the said information ?

11. The Grogan case1991 • The information is not distributed on behalf of an economic operator established in another Member State. • It constitutes a manifestation of freedom of expression, which is independent of the economic activity carried on by clinics established in another Member State. • It cannot be regarded as a restriction to free provision of services (different from advertizing).

12. Sjöberg & Gerdin case 2010 Does free provision of services preclude legislation of a Member State, which prohibits the advertising of gambling organised for the purposes of profit by private operators in other Member States ?

13. Sjöberg & Gerdin case 2010 • Free provision of services requires the abolition of all restrictions on the freedom to provide services, even if those restrictions apply without distinction to national providers of services and to those from other Member States, when they are liable to prohibit, impede or render less advantageous the activities of a service provider established in another Member State where it lawfully provides similar services. • the freedom to provide services covers both providers and recipients of services

14. Sjöberg & Gerdin case 2010 • Swedish law, which prohibits the promotion in Sweden both of gambling organised legally in other Member States and of unlicensed gambling in Sweden, restricts Swedish consumers’ participation in such gambling. • The purpose of that provision is to ensure that those consumers take part in gambling only in the context of the system licensed at national level, thereby in particular ensuring that private profit-making interests are excluded from that sector.

15. Sjöberg & Gerdin case 2010 • There is a restriction on the freedom of Swedish residents to receive, on the internet, services offered in other Member States. • There isalsoa restriction on the freedom of providers of gambling services established in Member States other than the Kingdom of Sweden to provide services in that country

16. Sjöberg & Gerdin case 2010 Possible justification ? Conditions: overriding reasonsin the general interest + proportionality

17. Sjöberg & Gerdin case 2010 Considerations of a cultural, moral or religious nature can justify restrictions on the freedom of gambling operators to provide services, in particular in so far as it might be considered unacceptable to allow private profit to be drawn from the exploitation of a social evil or the weakness of players and their misfortune. According to the scale of values held by each of the Member States and having regard to the discretion available to them, a Member State may restrict the operation of gambling by entrusting it to public or charitable bodies.

18. Sjöberg & Gerdin case 2010 • the gaming operators which caused the advertisements on account of which the criminal proceedings were initiated to be published are private undertakings run for profit, which could neverhave obtained licences for the operation of gambling under Swedish legislation. • The prohibition on the promotion of the services of such operators to consumers resident in Sweden therefore reflects the objective of the exclusion of private profit-making interests from the gambling sector and may be regarded as necessary in order to meet such an objective.