C-55/94, Gebhard [1995]

Key Points to Note:

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

• Case Details: Addressed the duration and nature of a service in relation to free movement.

Outcome:

◦ Temporary Nature: The Court determined that the temporary nature of a service can be assessed based on its "regularity, periodicity, or continuity" (para 27).

Gebhard Formula:

▪ Justification of Restrictions: Restrictions on the free movement of services can only be justified if they are for overriding reasons of public interest.

▪ Proportionality: Any restriction must be proportional, meaning it should not go beyond what is necessary to achieve the public interest objective.