Prohibition of Obligations

Prohibition of Obligations in Europe

Prohibition of obligations to have been previously registered or to have previously exercised the activity for a given period in the same Member State in relation to the E.U. Services Directive

The following is an examination of prohibition of obligations to have been previously registered or to have previously exercised the activity for a given period in the same member state regarding the European Union Servicies Directive [1]:

Prohibition of obligations to have been previously registered or to have previously exercised the activity for a given period in the same Member State: Prohibited establishment requirements

Finally, Article 14(8) requires Member States to abolish requirements making establishment in their territory conditional on a previous registration or a previous exercise of activities of the provider in their territory. It is clear that requirements that allow only operators which have already carried out activities in a Member State for a certain number of years to provide certain categories of services will normally exclude access to the market for new service providers and have thus to be abrogated.

Examples of such requirements include, for instance, a regime under which only operators that had been established in a Member State for at least one year were allowed to register aircraft used for the provision of aerial photography services86.

Resources

Notes

  1. Information on prohibition of obligations to have been previously registered or to have previously exercised the activity for a given period in the same member state based on the EU Services Directive Handbook, UK Government

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