Re: EU law proportionality test @ Ledswinger
This isn't a political question, it's a legal question solely concerning economic rights - no fundamental rights, no human rights, no free association or speech, no protection of consumers, no special strategic rationale for resource security, no special cultural protection rationales, no public health, nothing like that.
It's just old economy vs new economy. And the entire history of the caselaw affirms that where only economic rights are concerned then the Treaties apply.
Germany knows the jurisprudence on free movement of services, this is pretty standard stuff. They banned Cassis de Dijon liquer in 61 I think because "it wasn't strong enough for the German drinker..." And that was overturned in a trice by the CJEU, it's par for the course.
Truly, any EU lawyer is very familiar with the silly justifications for local protectionism which member states put forward on political grounds.
Biting the hand that feeds IT
