Thc treaty aims at removing any kind of discrimination in employment of citizens within the member states. This freedom does not apply for employees of public administration. This freedom contains absolute prohibition on discrimination as concerns employment, payment and other working conditions. No work permit or residency permit necessary for EU-citizens. this applies both to employed and self-employed persons.
b. Freedom of Services.
Any citizen of a member state and who is resident in a member state as well as companies established in any state may conduct business in any other member state, furthermore citizens of member states can take advantage of the services in another member state. c. Freedom of Movement of Goods:
Goods produced in any member state may not be discriminated against in another state, exceptions: valid health or morality reasons.
Remove all restrictions in amount from imports of onc country to another
“Cassis des Dijon” decision
“Keck” decision
The issue is: does the prohibition only concern the modality of the sale? Is it a selling arrangement? If the provision applies to all affected traders operating in the national territory and affects the marketing of domestic products equally as those from other member-states, the provision is legal. If the prohibition concerns the product itself, the standard is very exacting.
d. Freedom of Capital Transfers,
Gas stations are usually open in France 24 hours per day. Under a French law, gas stations are allowed to sell the same products as supermarkets, which are only permitted to be open from 8:00 a.m. through 6:00 p.m., during those same hours. During hours that supermarkets are closed (as well as on Sundays, when supermarkets are closed), the gas stations (although they are open) are only permitted to sell goods urgently needed by travelers (e.g. sandwiches, drinks) but not goods otherwise sold in supermarkets (e.g. washing powder, cooking oil etc.).
A suit is brought challenging the French law. It is argued that this French law violates the “Freedom of Movement of Goods” of the European Union. If the French gas stations were allowed to sell all products at all hours, they would be able to sell more German goods, Austrian goods etc. What was decision of the European Court of Justice and why?
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