Does the Free Movement of Services in the EU Apply to One-off Services Provided Without a Business License?
Does the Free Movement of Services in the EU Apply to One-off Services Provided Without a Business License?

Author(s): Martin Winkler, Katarína Brocková
Subject(s): Law and Transitional Justice, Law on Economics, EU-Legislation, Commercial Law
Published by: ADJURIS – International Academic Publisher
Keywords: Directive on services in the internal market; free movement of services; Treaty on the Functioning of the EU (TFEU);
Summary/Abstract: In the European Union, the Treaty on the Functioning of the EU (TFEU) prohibits restrictions on the freedom to provide services in the EU in relation to nationals of Member States who are established in a Member State other than that of the recipient of the services. Services are considered to be activities provided by entrepreneurs for remuneration, unless they are covered by the provisions on the free movement of goods, capital, and persons. At the same time, the Directive of the European Parliament and of the Council of 12 December 2006 on services in the internal market applies. This Directive lays down general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services, while maintaining a high level of quality of services. However, does the free movement of services also apply to one-off services (activities) provided by an entrepreneur from one Member State outside the scope of their business license in another Member State? If so, can the host Member State impose any restrictions on them? The purpose of this paper is to answer the above question.

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