Das horizontale Diskriminierungsverbot der Grundfreiheiten

Do the fundamental freedoms oblige EU member states to treat comparable foreign situations equally or may a member state differentiate between goods, persons, services or capital of various other states? Ponti approaches this question of a "European most favoured nation treatment", which is highly controversial in the literature, from the perspective of internal market law. Taking into account the latest case law, she develops a comprehensive dogmatic approach to a horizontal prohibition of discrimination under the fundamental freedoms. The research features a comprehensive interpretation of the fundamental freedoms in the light of the internal market objective as well as the development of a horizontal comparability test based on the purpose of the norm.