Mr. Declan Smyth:

It is a two-pronged test, if you like. One is that there has to be an express empowerment in a European Union legal Act, which is not the case in services whereas it is in goods, and that empowerment is public policy. Once you find the empowerment, which is public policy, then you also have to convince the court that it should be interpreted broadly to include concern with compliance with international law. There are two elements to it. The difference between goods and services is that the empowerment I mentioned has not yet been identified in relation to services.