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Flashcards in Freedom of Establishment Deck (23)
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1
Q

Article 49 applies to…

A

Self-employed persons (Jany)
&;
Companies and firms (A54)

2
Q

Steymann

A

Establishment requires permanent basis in MS or without foreseeable limit to duration

3
Q

Gebhard

A
  1. Establishment defined as participating on a stable and continuous basis
  2. Provided criteria to justify a restriction on Freedom of Establishment by Imperative Requirement
  3. A measure that hinders Freedom of Establishment can be considered a restriction whether it is discriminatory or not
4
Q

Reyners

A

Established A49 vertical direct effect

5
Q

Viking Line

A

Established A49 horizontal direct effect

6
Q

A51

A

Official Authority Exemption: exempts activities connected with the exercise of official authority

7
Q

Nino

A

A49 does not apply to purely internal situations

8
Q

Asscher

A

There must be a cross border element for A49 application

9
Q

Thieffry

A
  1. Indirect discrimination can constitute a restriction on Freedom of Establishment
  2. Established mutual recognition of EU qualifications
10
Q

CaixaBank

A

A measure that prohibits, impedes or renders less attractive FoE can be a restriction

11
Q

A52

A

Derogations of Public policy, security, health (must be proportionate)

12
Q

Imperative Requirements (Gebhard)

A
  1. Applied in a non-discriminatory manner
  2. Justified by imperative requirements in the general interest
  3. Suitable for attaining the objective which they pursue
  4. Not go beyond what is necessary to achieve that objective
13
Q

A54 conditions for company to be treated as natural persons under A49

A

Companies and firms that satisfy conditions are treated same as natural persons under A49:

  1. Formed in accordance with the law of MS
  2. Registered office, central administration or principle place of business is within the EU
  3. Profit making
14
Q

Incorporation Doctrine

A

Connecting factor: where company was legally incorporated and has its registered office (e.g. UK and Ireland)

15
Q

Real Seat Doctrine

A

Connecting factor: where company’s central administration is located (e.g. France and Germany)

16
Q

Daily Mail

A

Where tax regimes between countries differ, a country may be able to restrict FoE without a breach… not in this case

17
Q

Centros

A

Once a company is established in one MS, all branches covered by A49

18
Q

Uberseering

A

Under FoE companies have a right of mutual recognition across MSs

19
Q

Jany

A

Self employment defined as:

  1. Acts outside of any relationship of subordination
  2. Under the person’s own responsibility
  3. In return for remuneration
20
Q

A53

A

Provides for issuing directives for mutual recognition of qualifications; there are directives for specific professions

21
Q

Valssopoulou

A

Must take into account practical experience

22
Q

Tawil-Albertini compared with Haim

A

T-A: There is no right to the mutual recognition of non-EU qualifications

Haim: MSs are obliged to consider practical experience gained within EU where a qualification gained outside the EU is recognised by another MS

23
Q

Italian Housing

A

Discrimination of natural persons seeking social rights prohibited