Justifications
Justifications
This chapter discusses the justifications for restrictions to the free provision of services. Chapter 3 observed that the overwhelming majority of restrictive measures brought to the attention of the Court are prima facie found to violate the Treaty rules on services. This, however, does not lead the Court to strike systematically down all national measures. That is because many of the measures with protective effects pursue legitimate interests at the same time. Nevertheless, the existence of a legitimate interest does not automatically lead to the absolution of the national measure in question, but is subject to the principle of proportionality. The Court follows a two-prong test, first inquiring into the interest pursued, and then examining whether the restrictive measure is justified.
Keywords: restrictions, services regulation, EU Court, free provision, Treaty rules
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