C-275/92, Schindler [1994] and  C-36/02, Omega [2004]

C-275/92, Schindler [1994] and  C-36/02, Omega [2004]
Photo by dylan nolte / Unsplash

Key Points to Note:

• Context: Relates to Article 56 TFEU, which concerns the Free Movement of Services.

• Case Details:

◦ Schindler: Involved the distribution and sale of lottery tickets, where the service (gambling) was embedded in a good (ticket).

◦ Omega: Involved a German company providing a service related to gaming.

• Outcome:

◦ Deviation from Sacchi: The Court moved away from the strict goods/services distinction, focusing on the service-related content within a good.

◦ Rationale of Activity: The service aspect of the activity was prioritised, such as gambling or gaming, rather than the material form of the good involved.