The Court’s approach to services (2006-2012): From case law to case load?

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Series Details Vol.50, No.2, April 2013, p459-501
Publication Date April 2013
ISSN 0165-0750
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Publishers Abstract:
This paper comes as a belated follow up to the author's previous two efforts to "codify" the Court's case law in the field of services. The trends described in this paper only give a vague flavour of the Court's case law in the field of services. A Sector-specific analysis of the main areas which have occupied the Court would be necessary in order to grasp the variety and complexity of the solutions reached. Insofar as regulation proper is missing in many service areas, it may be said that the Court's case law occupies this role. In the vast majority, the Court intervenes in areas where there is already some regulation and completes it -- or, indeed, reverses it.

The most important broad fields in which the Court has been active "regulating" or "re-regulating" services during the period under review are: social services - health services - posted workers; gambling -- gaming -- betting; TV -- Internet -- IPRs; education -- professions; public procurement -- authorization procedures; transport and other network industries; and tax.

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