Centros and the Internal Market

How special is Centros? This contribution places Centros in internal market law. It starts by_x000D_
turning the judgment on its head and imagines an alternative Centros: the judgment that the_x000D_
Danish authorities had wished for and which the Court declined to hand down. The aim of this_x000D_
exercise in legal fiction is to show that the Court could have decided Centros in another way._x000D_
The choices underpinning Centros are then contrasted with other internal market cases to_x000D_
conclude that both the real Centros and the alternative Centros are in some ways aligned with_x000D_
the free movement case law. It is argued that Saydé’s analysis of abuse best helps to make sense_x000D_
of this confusing state of play. The article ends with suggestions for further research: taking the_x000D_
cost dimension into account in a behavioural perspective could shed light on the allocation of_x000D_
regulatory powers between home state and host state._x000D_
|basic_html|How special is Centros? This contribution places Centros in internal market law. It starts by
turning the judgment on its head and imagines an alternative Centros: the judgment that the
Danish authorities had wished for and which the Court declined to hand down. The aim of this
exercise in legal fiction is to show that the Court could have decided Centros in another way.
The choices underpinning Centros are then contrasted with other internal market cases to
conclude that both the real Centros and the alternative Centros are in some ways aligned with
the free movement case law. It is argued that Saydé’s analysis of abuse best helps to make sense
of this confusing state of play. The article ends with suggestions for further research: taking the
cost dimension into account in a behavioural perspective could shed light on the allocation of
regulatory powers between home state and host state.