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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

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Jukka SnellUniversity of Wales, Swansea

ISBN13: 9780199250097
ISBN: 019925009X
Published: March 2002
Publisher: Oxford University Press
Country of Publication: uk
Format: Hardback
Price: £115.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Free movement of goods and services are fundamental to the EC's internal market and form the basis for an ever-increasing number of economic transactions as the markets of the Member States become more integrated. This book focuses in particular on the relationship between the freedoms, asking whether the same principles can be applied in both fields.

It begins by analyzing the economics of trade in goods and services, and the general legal background.;The aim of the book is to establish whether goods and services ought, as a matter of principle, to be treated similarly by Community economic law. The book then moves on to investigate whether the European Court of Justice has in practice applied similar principles to both areas.

This is examined in three contexts - the scope of the freedoms, the author of the restrictions, and the issue of the justifications are all analyzed. In the case of a divergent approach, the reasons for the differences are explored, and the possibilities for a uniform solution are investigated.

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EU Law
INTRODUCTION; 1. The Free Movement of Goods and Services in the Scheme of the Treaty; 2. Subject Matter - i. Goods ii. Services; 3. The Uniform interpretation of the Freedoms; 4. Terminology; 5. The Objective of the Study; RESTRICTIONS; 6. Vertical Division of Power in the Community and the Scope Given to the Freedoms; 7. Early Developments - i. Goods ii. Services; 8. Disparity Between National Rules - i. Goods ii. Services; 9. Obstacles Created by Truly Non-Discriminatory Rules - i Goods ii Services; 10. Keck and the Free Movement of Services; PERSONS BOUND; 11. Introduction; 12. Private Parties; 13. The Community; JUSTIFICATION; 14. Introduction; 15. Treaty Exceptions; 16. Judicially Created Exceptions; 17. Proportionality; 18. Conclusion; CONCLUSION; 19. Introduction; 20. The Approach of the Court - i. Restriction ii. Persons Bound iii. Justification; 21. Reasons for the Differences; 22. Proposed Solutions - i. Restriction ii. Private Parties; APPENDIX; BIBLIOGRAPHY