The concept of goods in the case law of the Court of Justice
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Fish are goods, as well as televisions and DVDs with films. Those examples are simple, but what about the rights for fishing, films transmitted by television signal, or electricity, are they goods or services? The line between these two concepts is not always clear. Is the distinction between goods and services necessary? The introduction of this article examines whether and why there is a need to distinguish goods and services. The second chapter will focus on the definition of goods in the Treaty of the Functioning of the European Union2 (hereinafter the Treaty) and in the case law of the Court of Justice (hereinafter the Court). The differences between goods and services will be described in the third chapter illustrated with some examples. The conclusion will provide a simple guideline on how to subsume a case under the Treaty provisions on free movement of goods or services and examine whether the above-mentioned definition is still valid nowadays.
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