Chapter 12 Self-test questions

. In addition to freedom of establishment, what principle is enshrined in Article 49 TFEU in relation to the self-employed?

Mutual recognition.

Supremacy.

Proportionality.

Non-discrimination.

. Who may be classed as a self-employed person under EU law? Please select all that apply.

A school teacher.

A dentist.

A prostitute.

A retail assistant.

. Which secondary legislation sets out the rights of residence of self-employed persons?

Regulation 492/2011.

Directive 70/50.

Regulation 2790/99.

Directive 2004/38.

. Which legislation guarantees residence rights for companies?

Regulation 492/2011.

Directive 2004/38.

Article 49 TFEU.

Article 20 TFEU.

. In the context of freedom of establishment, it has been held that national rules which hinder or make less attractive the exercise of the fundamental freedom of establishment violate the THEU unless they are justified. The test for justification can be referred to as…

The Foster test.

The Gebhard test.

The proportionality test.

The non-discrimination test.

. Which cases involved direct discrimination based on nationality in the context of freedom of establishment? Please select all that apply.

Italy v Commission (Lawyers).

Dassonville.

Commission v Italy (Dentists).

Reyners.

. Directive __________ on Services in the Internal Market implements the TFEU provisions on the freedom of establishment and the free movement of services.

. Which of the following examples are not within the scope of the public authority exception in Article 51? Please select all that apply.

Road traffic experts.

Notaries.

Computer services for a state lottery.

Certain activities performed by lawyers.

. On which grounds can derogations be made to the freedom of establishment and the freedom to provide services?

Public policy, public security and public health.

Consumer protection.

Environmental protection.

The rule of reason.

. Because Article 56 TFEU only refers to service providers, recipients of services cannot derive any rights from this provision and therefore there is no such thing as a "freedom to receive services".

True

False