Article 49

Freedom to provide and receive services (Article 49 of the EC Treaty)

Article 49 states “Within the framework of the provisions set out, restrictions on freedom to provide services within the Community shall be prohibited in respect of nationals of member states who are established in a State of the Community other than that of the person for whom the services are intended.

Article 49 is applicable to companies of one Member State providing or receiving a service in another Member State and can be invoked by both the provider and the receiver of services. Stanleybet International provides a cross-border service in a number of Member States.

Article 49 expressly prohibits any discrimination based upon nationality. As a consequence, any national measure has explicitly or effectively discriminates against a foreign service provider to be examined as regards its conformity with EU law.

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