ABSTRACT
Such a prohibition is not analogous to the legislation concerning selling arrangements held in Keck and Mithouard to fall outside the scope of Art 30 of the Treaty […]. The reason is that the application of such provisions is not such to prevent access by the latter to the market of the Member State of importation or to impede such access more than it impedes access by domestic products […]. A prohibition such as that at issue is imposed by the Member State in which the provider of services is established and affects not only offers made by him to addressees who are established in that State or move there in order to receive services, but also offers made to potential recipients in another Member State. It therefore directly affects access to the market in services in other Member States and is thus capable of hindering intra-Community trade in services.
