Diskriminierungen im Bereich der Grundfreiheiten und deren Rechtfertigung aus zwingenden Gründen des Allgemeininteresses

In his doctoral thesis, the author offers an answer to a much-discussed question: Is it possible to justify discriminatory measures of EU Member States by citing the so-called mandatory requirements relating to the public interest? The case law of the ECJ does not provide a consistent answer. According to the original concept, only non-discriminatory measures can be justified. Recent judgments raise doubts as to whether the ECJ still adheres to this restrictive approach. The author discusses these potential outliers in detail. Furthermore, the author analyses the methods of interpretation used by the ECJ, as well as the legal origin of the mandatory requirements. Based on these methods, he develops a consistent solution regarding the scope of the requirements.