This chapter examines how the Court has dealt with the issue of justification, comparing its approach to goods and services. It begins with an investigation of express Treaty exceptions. It then proceeds to analyse judicially created justifications. This is followed by an examination into the application of the principle of proportionality. Finally, it conducts a brief empirical study on the intensity of the Court's review of national measures in both goods and services sectors. The Court has balanced free trade against other values using a system of justifications and proportionality. Despite the fact that information asymmetries are more common in the services sector and the different wordings of Articles 30 and 46 EC, the Court has adopted an essentially uniform approach to both freedoms. However, the most problematic part of the Court's approach to justifications is the confused case law on the definition of distinctly and equally applicable measures.
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