With the exception of the in art, Para
The scope of the services Directive extends in accordance with artRL to all services that are not expressly excluded from the scope of the Directive. To be recognized in both services, where the service provider is established in another member state, as well as services, and to the exercise by a Service provider while maintaining its existing branch from there (commuters, or just occasional exercise). S.
RL is given in the actual pursuit of an economic activity by the provider for an indefinite period and through a stable infrastructure.
The ability of the service provider in the other member state to settle, in the Directive, in article - RL regulated separately. Service within the meaning of the Directive, any self-employed economic activity normally provided for remuneration (art. RL in) This definition takes in to article of the tfeu Definition. In the services Directive, the term of service is not on the freedom to provide services limited to covered services. The hallmarks of a service by a service provider for running of self-employment and an economic consideration. In the assessment of whether economic status is in power, always take into account all the circumstances of the individual case. To be recognized in both services for entrepreneurs as well as consumers. It is irrelevant whether the consideration of the target person of the service, or of a third Person is paid. The state is required to offer you certain services, and to regulate and supervise the needs of the population to the design of their life in the society and can not or will not be provided on the free market, to the price, i.e. they are largely subsidized by the state. In Germany, these services are described with the concept of services of General interest. These include, for example: On the level of the European Union, these services are known as services of General economic interest and services of General interest (also known as 'services of General non-economic interest'). A concrete Definition of these services is missing.
a - l RL listed in the following service industries
In the tfeu, in article of the tfeu and article mentioned of the tfeu, services of General economic interest.
This is according to the Definition of the European Commission market-related or non-market-related activities performed in the public interest and, therefore, of the authorities subject to specific public service obligations, i.e, they are activities that are in the General interest, but not the laws of the market can be left to, because such services cannot be economically provided. This relates in particular to services of General interest, for which the customer is an economic consideration is to be paid.
Starting with the supply of water and energy, on waste disposal, Public passenger transport to healthcare and other social services.
For the inclusion of these services Directive forms in the service: services of General interest are not covered by the scope of the Directive (art, Para, point a) RL in).
Services General economic interest are subject to the requirements of the services Directive.
On the question of whether the teaching is to be considered at a College as a service, is after decision by the court of. C as The instruction follows to differentiate: at a University, which is financed Essentially out of public funds do not constitute services. The essential characteristic of remuneration, which consists in the fact that it constitutes consideration for the service in question is missing, but in the case of a teaching given at a University, which is financed from public funds and from student fees only. However, instruction given at institutions of higher education that seek to make a profit and which are financed Essentially from private funds, and in particular the students or their parents required fees, constitutes a service. Bush: DIN-standards for services - The European Committee for Standardization produced model contracts, Neue Juristische wochenschrift - NJW.
