Services and the EU Citizen

by Frank S Benyon

Overview

The importance of services in the EU economy has increased exponentially in the last decades as have the number and scope of EU rules, both those liberalising the provision of services and those protecting their recipients or consumers - the passengers, patients, viewers and bank depositors. However, these consumers, in their capacity as citizens, are increasingly disillusioned with the EU and its institutions.
This book, written by practitioners, academics and advocates before the European Court, reflects on these developments, examining rules in numerous service sectors, from the capping of roaming call charges upheld in the Vodafone decision, through health care, to the requirement for air carriers to care for and compensate passengers approved in the generous Sturgeon judgment. The Court's positive approach may have been guided by a desire to consolidate the notion of EU citizenship, a status introduced, but without clear content, at Maastricht. The book therefore considers whether these uniform, EU-wide, consumer rights may not form an important component of such European citizenship. The Commission's proposal to make 2013 European Year of Citizens seems to favour such a view.

Product Details

ISBN-13:	9781849464260
Publisher:	Bloomsbury Academic
Publication date:	04/12/2013
Series:	Modern Studies in European Law , #38
Pages:	230
Product dimensions:	6.14(w) x 9.21(h) x 0.56(d)

About the Author

Frank Benyon joined the European Commission's Legal Service in 1980 and has been a Director there from 2000 to 2010 in charge of the Business Law Team dealing with Establishment, Capital and Services freedoms, in particular in the banking, telecommunications and transport sectors. After university he qualified as a solicitor and practised with Allen and Overy before becoming a partner with Clifford Turbaner, working successively in their Brussels, Dubai and Paris offices. He is now a Senior Fellow in the Law Department of the European University Institute in Florence.

Table of Contents

List of Contributors ix

Table of Cases xi

Table of Legislation xxiii

Table of Conventions, Treaties etc xxvii

Introduction 1

1 Overview Frank Benyon 3

2 The Development of the Air Transport Policy of the European Union from the Point of View of the Consumer: From the Creation of the Internal Market to the Regulation of Consumer Rights Proper Mikko Huttunen 9

3 Travel and Tourism Jens Karsten 25

4 Electronic Communications and the EU Consumer Albert Nijenhuis 47

5 Broadcasting and the EU Consumer Frank Benyon 75

6 The Case Law of the European Court of Justice on the Mobility of Patients: An Assessment Julio Baquero-Cruz 87

7 Limits To Rights to Health Care and the Extent of Member States' Discretion to Decide on the Parameters of Their Public Health Policies Roberto Cisotta 113

8 Services and the EU Consumer - or the EU Citizen? Frank Benyon 163

Epilogue 183

Index 187

Editorial Reviews

This book ... stems from a number of seminars organised by the European University Institute's legal faculty in Florence. These seminars brought together legal practitioners, academics and lawyers who have an impeccable knowledge of the European Court of Justice.” —Agence Europe's Daily Bulletin, No 10893

From the Publisher