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Ganz einfach neue und gebrauchte Artikel kaufen oder verkaufen. Der Marktplatz für Deutschland. Kleinanzeigen, Especially important and controversial in this respect is the adoption of harmonising legislation under Article of the Treaty on the Functioning of the European Union TFEU.

The Commission also relied upon the European Court of Justice 's Cassis de Dijon [15] jurisprudence, under which member states were obliged to recognise goods which had been legally produced in another member state, unless the member state could justify the restriction by reference to a mandatory requirement.

Harmonisation would only be used to overcome barriers created by trade restrictions which survived the Cassis mandatory requirements test, and to ensure essential standards where there was a risk of a race to the bottom.

Thus harmonisation was largely used to ensure basic health and safety standards were met. Work on freedom for services did take longer, and was the last freedom to be implemented, mainly through the Posting of Workers Directive adopted in [17] and the Directive on services in the internal market adopted in In the Amsterdam Treaty abolished physical barriers across the internal market by incorporating the Schengen Area within the competences of the EU.

The Schengen Agreement implements the abolition of border controls between most member states, common rules on visas, and police and judicial co-operation.

Even as the Lisbon Treaty came into force in however, some areas pertaining to parts of the four freedoms especially in the field of services had not yet been completely opened.

Those, along with further work on the economic and monetary union, would see the EU move further to a European Home Market.

The customs union of the European Union removes customs barriers between member states and operates a common customs policy towards external countries, with the aim "to ensure normal conditions of competition and to remove all restrictions of a fiscal nature capable of hindering the free movement of goods within the Common Market".

Under Article 29 of the TFEU, customs duty applicable to third country products are levied at the point of entry into EUCU, and once within the EU external border goods may circulate freely between member states.

Under the operation of the Single European Act , customs border controls between member states have been largely abandoned.

Physical inspections on imports and exports have been replaced mainly by audit controls and risk analysis. Article 30 of the TFEU prohibits not only customs duties but also charges having equivalent effect.

A charge is a customs duty if it is proportionate to the value of the goods; if it is proportionate to the quantity, it is a charge having equivalent effect to a customs duty.

A charge is not a customs duty or charge having equivalent effect if:. Free movement of goods within the European Union is achieved by a customs union and the principle of non-discrimination.

In Procureur du Roi v Dassonville [31] the Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought the Scotch.

This "wide test", [33] to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as the former " Buy Irish " company that had government appointees.

For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports.

France was liable for these hindrances to trade because the authorities "manifestly and persistently abstained" from preventing the sabotage.

In addition, although not clearly listed, environmental protection can justify restrictions on trade as an over-riding requirement derived from TFEU article As public risk falls under article 36, meaning that a quantitative restriction can be imposed, it justified the import restriction against the Eyssen cheese company by the Dutch government.

More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules.

So, in Schmidberger v Austria [39] the Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy.

Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the "fundamental pillars of a democratic society", against which the free movement of goods had to be balanced, [40] and was probably subordinate.

If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately. This means the rule must be pursue a legitimate aim and 1 be suitable to achieve the aim, 2 be necessary, so that a less restrictive measure could not achieve the same result, and 3 be reasonable in balancing the interests of free trade with interests in article Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products.

For such "indirect" discriminatory or "indistinctly applicable" measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , [43] protecting the environment, [44] press diversity, [45] fairness in commerce, [46] and more: the categories are not closed.

German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol.

The Court of Justice rejected the German government's arguments that the measure proportionately protected public health under TFEU article 36, [49] because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought.

In Walter Rau Lebensmittelwerke v De Smedt PVBA [51] the Court of Justice found that a Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection.

The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively".

It had to be "chocolate substitute". All Italian chocolate was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats.

They claimed the law infringed article The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label.

This was derogatory in the consumers' eyes. A "neutral and objective statement" was enough to protect consumers. If member states place considerable obstacles on the use of a product, this can also infringe article So, in a case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article This was not a product requirement, but the Court reasoned that the prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ".

In contrast to product requirements or other laws that hinder market access , the Court of Justice developed a presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in the same manner in fact.

In Keck and Mithouard [56] two importers claimed that their prosecution under a French competition law , which prevented them selling Picon beer under wholesale price, was unlawful.

The aim of the law was to prevent cut throat competition , not to hinder trade. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing.

In Konsumentombudsmannen v De Agostini [59] the Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products.

While the bans have remained justifiable under article 36 or as a mandatory requirement the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market.

In Konsumentombudsmannen v Gourmet AB [60] the Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health.

Under the Unfair Commercial Practices Directive , the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour, is misleading or aggressive, and sets out a list of examples that count as unfair.

The attempt to raise standards is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent.

Free movement of capital was traditionally seen as the fourth freedom, after goods, workers and persons, services and establishment.

The original Treaty of Rome required that restrictions on free capital flows only be removed to the extent necessary for the common market.

From the Treaty of Maastricht , now in TFEU article 63, "all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited".

This means capital controls of various kinds are prohibited, including limits on buying currency, limits on buying company shares or financial assets, or government approval requirements for foreign investment.

By contrast, taxation of capital, including corporate tax , capital gains tax and financial transaction tax , are not affected so long as they do not discriminate by nationality.

According to the Capital Movement Directive , Annex I, 13 categories of capital which must move free are covered. On the other hand, TFEU article 65 1 does not prevent taxes that distinguish taxpayers based on their residence or the location of an investment as taxes commonly focus on a person's actual source of profit or any measures to prevent tax evasion.

Although this was not an impediment to actual purchase of shares, or receipt of dividends by any shareholder, the Court of Justice 's Grand Chamber agreed that it was disproportionate for the government's stated aim of protecting workers or minority shareholders.

Capital within the EU may be transferred in any amount from one country to another except that Greece currently has capital controls restricting outflows, and Cyprus imposed capital controls between and April All intra-EU transfers in euro are considered as domestic payments and bear the corresponding domestic transfer costs.

The final stage of completely free movement of capital was thought to require a single currency and monetary policy , eliminating the transaction costs and fluctuations of currency exchange.

Following a Report of the Delors Commission in , [72] the Treaty of Maastricht made economic and monetary union an objective, first by completing the internal market, second by creating a European System of Central Banks to co-ordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the euro.

Today, 19 member states have adopted the euro , while 9 member states have either determined to opt-out or their accession has been delayed, particularly since the Eurozone crisis.

According to TFEU articles and , the objective of the European Central Bank and other central banks ought to be price stability. This has been criticised for apparently being superior to the objective of full employment in the Treaty on European Union article 3.

Within the building on the Investment Plan for Europe, for a closer integration of capital markets, in , the Commission adopted the Action Plan on Building a Capital Markets Union CMU setting out a list of key measures to achieve a true single market for capital in Europe, which deepens the existing Banking Union, because this revolves around disintermediated, market-based forms of financing, which should represent an alternative to the traditionally predominant in Europe bank-based financing channel.

As well as creating rights for "workers" who generally lack bargaining power in the market, [78] the Treaty on the Functioning of the European Union also protects the "freedom of establishment" in article 49, and "freedom to provide services" in article This meant that a lawyer from Stuttgart , who had set up chambers in Milan and was censured by the Milan Bar Council for not having registered, should claim for breach of establishment freedom, rather than service freedom.

However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by imperative requirements in the general interest" and proportionately applied.

In Reyners v Belgium [84] the Court of Justice held that a refusal to admit a lawyer to the Belgian bar because he lacked Belgian nationality was unjustified.

TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority", but this did an advocate's work [ clarification needed ] as opposed to a court's was not official.

The UK did not need to justify its action, as rules on company seats were not yet harmonised. By contrast, in Centros Ltd v Erhversus-og Selkabssyrelsen the Court of Justice found that a UK limited company operating in Denmark could not be required to comply with Denmark's minimum share capital rules.

The Court of Justice held that Denmark's minimum capital law infringed Centros Ltd's freedom of establishment and could not be justified, because a company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection.

Although restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or the public interest in collecting taxes, denial of capacity went too far: it was an "outright negation" of the right of establishment.

This meant that the Hungarian authorities could prevent a company from shifting its central administration to Italy while it still operated and was incorporated in Hungary.

The "freedom to provide services" under TFEU article 56 applies to people who provide services "for remuneration", especially commercial or professional activity.

In Geraets-Smits v Stichting Ziekenfonds [] Mrs Geraets-Smits claimed she should be reimbursed by Dutch social insurance for costs of receiving treatment in Germany.

The Dutch health authorities regarded the treatment unnecessary, so she argued this restricted the freedom of the German health clinic to provide services.

Several governments submitted that hospital services should not be regarded as economic, and should not fall within article But the Court of Justice held health was a "service" even though the government rather than the service recipient paid for the service.

Josemans v Burgemeester van Maastricht held that the Netherlands' regulation of cannabis consumption, including the prohibitions by some municipalities on tourists but not Dutch nationals going to coffee shops , [] fell outside article 56 altogether.

The Court of Justice reasoned that narcotic drugs were controlled in all member states, and so this differed from other cases where prostitution or other quasi-legal activity was subject to restriction.

If an activity does fall within article 56, a restriction can be justified under article 52 or over-riding requirements developed by the Court of Justice.

The Court of Justice held the Dutch prohibition pursued a legitimate aim to prevent "undesirable developments in securities trading" including protecting the consumer from aggressive sales tactics, thus maintaining confidence in the Dutch markets.

It bought fake laser gun services from a UK firm called Pulsar Ltd, but residents had protested against "playing at killing" entertainment.

The Court of Justice held that the German constitutional value of human dignity , which underpinned the ban, did count as a justified restriction on freedom to provide services.

In the Services Directive [] a group of justifications were codified in article 16 that the case law has developed.

In May the Juncker Commission [] announced a plan to reverse the fragmentation of internet shopping and other online services by establishing a Single Digital Market that would cover digital services and goods from e-commerce to parcel delivery rates, uniform telecoms and copyright rules.

The free movement of people means EU citizens can move freely between member states for whatever reason or without any reason and may reside in any member state they choose if they are not an undue burden on the social welfare system or public safety in their chosen member state.

Broadly defined, this freedom enables citizens of one Member State to travel to another, to reside and to work there permanently or temporarily. The idea behind EU legislation in this field is that citizens from other member states should be treated equally to domestic citizens and should not be discriminated against.

The main provision of the freedom of movement of persons is Article 45 of the TFEU, which prohibits restrictions on the basis of nationality.

Since its foundation, the Treaties sought to enable people to pursue their life goals in any country through free movement.

According to the Court of Justice , a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration".

For example, in Steymann v Staatssecretaris van Justitie , a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the Bhagwan community, which provided for everyone's material needs irrespective of their contributions.

Having "worker" status means protection against all forms of discrimination by governments, and employers, in access to employment, tax, and social security rights.

By contrast a citizen, who is "any person having the nationality of a Member State" TFEU article 20 1 , has rights to seek work, vote in local and European elections, but more restricted rights to claim social security.

The Free Movement of Workers Regulation articles 1 to 7 set out the main provisions on equal treatment of workers.

First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of the member state.

In Groener v Minister for Education [] the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate.

By contrast in Angonese v Cassa di Risparmio di Bolzano SpA [] a bank in Bolzano , Italy, was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano.

The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure was disproportionate.

Second, article 7 2 requires equal treatment in respect of tax. By contrast in Weigel v Finanzlandesdirektion für Vorarlberg the Court of Justice rejected Mr Weigel's claim that a re-registration charge upon bringing his car to Austria violated his right to free movement.

Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified.

In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands.

For workers not citizens of the union but employed in one member state with work permit, there is not the same freedom of movement within the Union.

They need to apply for a new work permit if wanting to work in a different state. A facilitation mechanism for this process is the Van Der Elst visa which gives easier rules should a non-EU worker already in one EU state need to be sent to another, for the same employer, because of a service contract that the employer made with a customer in that other state.

Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply by being a human being.

Article 21 confers general rights to free movement in the EU and to reside freely within limits set by legislation.

This applies for citizens and their immediate family members. First, article 4 of the Citizens Rights Directive says every citizen has the right to depart a member state with a valid passport or national identity card.

This has historical importance for central and eastern Europe, when the Soviet Union and the Berlin Wall denied its citizens the freedom to leave.

Schengen Area countries of which Ireland is not included have abolished the need to show travel documents, and police searches at borders, altogether.

These reflect the general principle of free movement in TFEU article Second, article 6 allows every citizen to stay three months in another member state, whether economically active or not.

Article 7 allows stays over three months with evidence of "sufficient resources Articles 16 and 17 give a right to permanent residence after 5 years without conditions.

Third, TEU article 10 3 requires the right to vote in the local constituencies for the European Parliament wherever a citizen lives.

Fourth, and more debated, article 24 requires that the longer an EU citizen stays in a host state, the more rights they have to access public and welfare services, on the basis of equal treatment.

This reflects general principles of equal treatment and citizenship in TFEU articles 18 and In a simple case, in Sala v Freistaat Bayern the Court of Justice held that a Spanish woman who had lived in Germany for 25 years and had a baby was entitled to child support , without the need for a residence permit, because Germans did not need one.

Similarly, in R Bidar v London Borough of Ealing the Court of Justice held that it was lawful to require a French UCL economics student to have lived in the UK for three years before receiving a student loan, but not that he had to have additional "settled status".

Because she lived in Germany for over 3 months, but under 5 years, she had to show evidence of "sufficient resources", since the Court reasoned the right to equal treatment in article 24 within that time depended on lawful residence under article 7.

In , limited controls were temporarily re-imposed at some internal borders in response to the migrant crisis. In November , the German Ministry of Interior decided to subject flights from Greece to advanced checks, retracting from the Schengen Area processing by invoking Article 25 of the Schengen Agreement.

Public procurement legislation [] and guidance, [] based on the four freedoms, require equal treatment, non-discrimination, mutual recognition, proportionality and transparency to be maintained when purchasing goods and services for EU public sector bodies.

Only EU's 27 member states are fully within the European Single Market, while several other countries have been granted various degrees of access to it.

Stabilisation and Association Agreement states have a "comprehensive framework in place to move closer to the EU and to prepare for [their] future participation in the Single Market".

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Ganz einfach neue und gebrauchte Artikel kaufen oder verkaufen. Der Marktplatz für Deutschland. Kleinanzeigen, Anzeige aufgeben Kostenlos , lokal und einfach Anzeige aufgeben.

Anzeigen pro Seite: 10 20 Hier darf eine Spielhalle erbaut werden. Gewerbe-Grundstücke Gesamtpreis: Attraktive 2. Suche verfeinern.

Marktplatz 3. Baden-Württemberg 1. In November , the German Ministry of Interior decided to subject flights from Greece to advanced checks, retracting from the Schengen Area processing by invoking Article 25 of the Schengen Agreement.

Public procurement legislation [] and guidance, [] based on the four freedoms, require equal treatment, non-discrimination, mutual recognition, proportionality and transparency to be maintained when purchasing goods and services for EU public sector bodies.

Only EU's 27 member states are fully within the European Single Market, while several other countries have been granted various degrees of access to it.

Stabilisation and Association Agreement states have a "comprehensive framework in place to move closer to the EU and to prepare for [their] future participation in the Single Market".

Turkey has participated in the European Union—Turkey Customs Union since , which enables it to participate in the free movement of goods but not of agriculture or services, nor people with the EU.

Movement of people however, is in form of visa free regime for short stay travel, while movement of workers remains within the remit of the EU Member States.

The United Kingdom continues to participate in the Single Market through the Withdrawal Agreement, which specifies an month transitional period lasting until 31 December , and the option to extend beyond that for a further two years.

Since , the European Commission has been aiming to build a single market for energy. On 2 May the European Commission announced a package of measures intended to enhance the functioning of the Single Market within the EU: [].

Britain's future relationship with the single market is unknown, following the UK's withdrawal from the EU in January The UK continues to participate in the single market and thus the Four Freedoms and customs union until the end of the transition period in December The New Hanseatic League is a political grouping of economically like-minded northern European states, established in February , that is pushing for a more developed European Single Market, particularly in the services sector.

From Wikipedia, the free encyclopedia. Redirected from European single market. For other uses, see Internal market disambiguation.

Single market of the European Union and participating non-EU countries. European Union. Member States Candidate countries for EU Accession.

Treaties of Succession. Abandoned treaties and agreements. European Council. European Commission.

Legislative procedure Council of the EU Presidency. European Parliament Members. National parliaments. Court of Justice of the EU.

Eurozone Members. European Central Bank. Schengen Area. Schengen Area Member States. European Economic Area.

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Foreign Relations. High Representative. Foreign relations of EU Member States. Other countries. Main article: European Union Customs Union.

TFEU arts Unfair Commercial Practices Directive Capital Movement Directive TFEU arts , See also: European company law and European labour law.

Freedom of establishment cases. Services in the Internal Market Directive Main article: Digital Single Market.

See also: European Union roaming regulations. Free Movement of Workers Regulation See EU law and free movement. Main article: Freedom of movement for workers.

TEU arts Citizens Rights Directive See also: Citizenship of the European Union. Main article: Schengen Area. Main article: Government procurement in the European Union.

See also: Future enlargement of the European Union. See also: European Union—Turkey relations. Further information: New Hanseatic League.

Europa web portal. Retrieved 1 December Retrieved 28 May Retrieved 17 June Department for Business, Innovation and Skills.

European External Action Service. Archived from the original on 21 June Retrieved 27 June Wiley Chancery Law. Retrieved 28 March The Independent.

By Helen Gubby. The Hague:Eleven International Publishing, ISBN International Journal of Legal Information. Retrieved 11 April See ECHR articles 10 and The "rules reflect certain political and economic choices" that "accord with national or regional socio-cultural characteristics.

It was disproportionate in preserving, as Belgium argued, fiscal coherence or supervision. Retrieved 26 December United Kingdom Treasury. Archived from the original on 1 December Archived from the original on 23 October Retrieved 25 October Journal of Legal Theory HU.