Keywords
Summary

Keywords

1 . FREEDOM TO PROVIDE SERVICES - SERVICES - CONCEPT - STOCK EXCHANGE TRANSACTIONS - ESTABLISHMENT OF THE PERSON PROVIDING SERVICES IN A MEMBER STATE OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED

( EEC TREATY , ARTS . 59 , FIRST PARA . AND 60 , FIRST PARA .)

2 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - STOCK EXCHANGE TIME-BARGAINS - NATIONAL LAW - PLEA THAT A CONTRACT WAS AN AGREEMENT TO PAY DIFFERENCES - COMMUNITY LAW - COMPATIBILITY - CONDITION

( EEC TREATY , ARTS . 59 AND 60 )

Summary

1 . SERVICES WHICH CONSIST IN A BANK HAVING ORDERS CARRIED OUT ON A STOCK EXCHANGE AND IN CURRENT ACCOUNT TRANSACTIONS IN CONJUNCTION WITH THE OPENING OF A CREDIT CONSTITUTE SERVICES WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 60 OF THE TREATY .

SUCH SERVICES MEET THE REQUIREMENT OF THE FIRST PARAGRAPH OF ARTICLE 59 THAT LIBERALIZATION MEASURES MUST BENEFIT ALL PERSONS PROVIDING SERVICES ' ' WHO ARE ESTABLISHED IN A STATE OF THE COMMUNITY OTHER THAN THAT OF THE PERSON FOR WHOM THE SERVICES ARE INTENDED ' ' , SINCE THE PERSON IN RECEIPT OF THE SERVICES , BEFORE THE TERMINATION OF THE CONTRACTUAL RELATIONS BETWEEN THE PARTIES , HAS TAKEN UP RESIDENCE IN ANOTHER MEMBER STATE .

2 . ARTICLES 59 AND 60 OF THE EEC TREATY DO NOT AFFECT THE APPLICATION OF LEGISLATIVE PROVISIONS WHEREBY A MEMBER STATE BARS THE RECOVERY BY LEGAL ACTION OF CERTAIN DEBTS , SUCH AS DEBTS ARISING OUT OF A WAGERING CONTRACT AND SIMILAR DEBTS , PROVIDED ALWAYS THAT SUCH PROVISIONS ARE NOT APPLIED IN A DISCRIMINATORY MANNER , EITHER IN LAW OR IN FACT , COMPARED WITH THE WAY IN WHICH SIMILAR DEBTS CONTRACTED WITHIN THE TERRITORY OF THE MEMBER STATE IN QUESTION ARE TREATED .