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Goods and Services in EC LawA Study of the Relationship Between the Freedoms$
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Jukka Snell

Print publication date: 2002

Print ISBN-13: 9780199250097

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199250097.001.0001

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Persons bound

Persons bound

Chapter:
(p.129) 3 Persons bound
Source:
Goods and Services in EC Law
Author(s):

Jukka Snell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199250097.003.0003

This chapter examines who is bound by the provisions on the free movement of goods and services. It is clear that Member States are prohibited from adopting measures restricting trade in goods or services. The analysis demonstrates that the scope of application of Articles 28 and 49 EC to the actions of private parties is not the same. The provisions on the free movement of goods only apply to Member State measures while at least some restrictions created by private parties are caught by Article 49. The analysis also shows the inadequacy of the vertical/horizontal direct effect dichotomy in interpreting EC Treaty provisions. Meanwhile, the last section examines the binding nature of the free movement of goods and services and the restrictions imposed by the Community.

Keywords:   private parties, goods movement, Member States, European Community, Article 49, EC Treaty provisions

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