European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

In the interest of the recipients of services the directive sets out a certain number of requirements in respect of the quality of services which concern both Member States and service providers.
Member States must ensure that certain information is made available to recipients so that they may make informed choices. Such information may, apart from the name and address of the provider, relate, in …

Quality of services

In the interest of the recipients of services the directive sets out a certain number of requirements in respect of the quality of services which concern both Member States and service providers.

Member States must ensure that certain information is made available to recipients so that they may make informed choices. Such information may, apart from the name and address of the provider, relate, inter alia, to information relative to the provider's registration, VAT, insurance, general conditions, prices and after-sales guarantees (Art. 22).

The subscription to professional liability insurance is a requirement for providers whose services present a direct and particular risk to the health or safety of the recipient or a third person or to the financial security of the recipient (Art. 23). 

The Member States must not only remove all total prohibitions on commercial communications by the regulated professions (Art. 24(1)) but must also ensure that commercial communications by the regulated professions comply with professional rules, in conformity with EU law (Art. 24(2)). According to the Court of Justice, canvassing, which constitutes a form of communication of information intended to seek new clients and involves personal contact between the provider and a potential client in order to offer the latter services, comes within the concept of commercial communication .

Providers cannot be made subject to requirements which oblige them to exercise a given specific activity exclusively, or which restrict the exercise jointly or in partnership of different activities, except in the case of regulated professions subject to the conditions set out in Article 25.

Member States and the EU must encourage the use of certification or the drawing up of quality charters (Art. 26).

Case C-119/09 Société fiduciaire nationale d'expertise comptable v Ministre du Budget [2011] ECR I-2551, LawLex201100001097JBJ.

European Business Law

109. Quality of services

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

109. Quality of services

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise