The purpose of this chapter is to analyze the possible effects of the
Services Directive on the interpretation of Article 56 TFEU. The chapter
first examines the Services Directive and its drafting history. It then
considers the impact of the Directive on the Court’s case law, arguing
that while there is no direct legal challenge to the jurisprudence, a
political challenge has nevertheless emerged. Finally, the chapter
argues that the case law can withstand the effects of the Directive, in
particular as the theory based on combating intentional protectionism
can legitimize the principle of mutual recognition, but the Court needs
to articulate the basis of its decisions more carefully.