C-384/93, Alpine Investments

1. Facts:

• Background: The Dutch government had imposed a ban on cold calling, a common method used by companies to solicit business.

• Impact: The ban affected service providers from both within and outside the Netherlands, as it applied equally to Dutch and non-Dutch companies.

2. Outcome:

• Violation of Art. 56 TFEU: The European Court of Justice (ECJ) held that the Dutch ban violated Article 56 TFEU. Even though the ban was non-discriminatory (applying equally to both domestic and foreign providers), it was found to directly impact market access for services from other Member States.

• Rejection of the Keck Proviso: The Court rejected the application of the Keck criteria (which pertains to selling arrangements) to this case, noting that the prohibition on cold calling was a selling arrangement within the services sector. This means the case was not subject to the same analysis as in Keck.

3. Impact and Analysis:

• Market Access: The decision reaffirmed that any measure that directly affects access to the market for services is a restriction under Article 56, even if it is not discriminatory.

• Definition of Restrictions: The Court's ruling was consistent with the Caixa-Bank principle, which defines restrictions as any measures that "prohibit, impede or render less attractive" the free movement of services.