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European Union Law > Free Movement of Establishment > Flashcards

Flashcards in Free Movement of Establishment Deck (21)
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1
Q

Factortame II

A

The actual pursuit of an economic activity through a fixed establishment in another Member State for an indefinite period

2
Q

Gebhard

A

Right of establishment means that all kinds of self-employment may be set up and carried out in all Member States and a person may be established in multiple Member States if on a stable and continuous basis. National measures liable to restrict exercise of rights must: (1) be applied in a non discriminatory manner, (2) be justified by imperative requirements in the general interest, (3) be suitable for securing the attainment of the objective which they pursue, and (4) not go beyond what is necessary.

3
Q

Jany

A

Self employed person must work outside a relationship of subordination, and the risk lies with them as to the success or failure, they must be paid. Prostitute case.

4
Q

Reyners

A

Article 49 has direct effect - Dutch national was prevented from setting up law practice in Belgium due to his nationality.

5
Q

Walgrave & Koch

A

Prohibition of discrimination does not affect public bodies, but extends to rules of any other nature aimed at regulating in a collective manner gainful employment and the provision of services.

6
Q

Viking Line

A

Article 49 may be relied upon by a private undertaking against a trade union - there is horizontal direct effect.

7
Q

Klopp

A

Lawyer was prevented from secondary establishment, French authorities were justified to require French lawyers to abide by rules of ethics to safeguard client-lawyer relationships.

8
Q

Gullung

A

G couldn’t register at the bar because of previous bad behaviour. Rule applied to nationals and other EU citizens but there was indirect discrimination against G, but it was held to be justified and proportionate.

9
Q

Konstantinidis

A

Greek national was self-employed in Germany, name was entered wrong on marriage register, said it could confuse clients. Court held there was no proper justification for misspelling his name and not correcting it, member states should have processes for such events.

10
Q

Steinhauser

A

German artist wasn’t allowed to participate in tendering for premises, was discriminatory.

11
Q

Thieffry

A

Breaches of Articles 49 and 53 were found, directive ensuring mutual recognition had not yet been implemented.

12
Q

Patrick

A

British architect wanted to practice in Greece, mutual recognition directives hadn’t been implemented, but it was held that Article 53 had direct effect.

13
Q

Heylens

A

Member States are entitled to objectively assess whether or not there are equivalent qualifications for some professions.

14
Q

Vlassopoulou

A

Member States may assess whether the knowledge acquired in a Member State may be sufficient to boost up qualifications which are only partially equivalent to that of those in the host Member State.

15
Q

Dreesen II

A

Belgian authorities refused to recognise a qualification which wasn’t on list of directive, held that the German authorities had erred in leaving it off the list.

16
Q

Daily Mail

A

Right of departure - tried to avoid taxes by moving business assets to Netherlands, should have had permission from UK, held that departure from a MS can be regulated by domestic law.

17
Q

Catesio

A

Hungarian company wished to move to Italy but remain Hungarian, domestic law require the company wind up and start anew, Court held that reconstitution of company was within Article 49.

18
Q

Commission v Italy (Securities Dealing)

A

Right of establishment covers all measures which permit or facilitate access to another member state and pursuit of an economic activity in that state by treating EU citizens the same as national operators.

19
Q

Centros

A

Denmark had requirement of certain amount of capital before business could be registered, court held that less restrictive measures could have been used.

20
Q

Uberseering

A

German requirement of reincorporation was tantamount to the outright negation of freedom of establishment.

21
Q

Cadbury Schweppes

A

Benefiting from more favourable legislation not in itself breach of Article 49, different treatment of resident companies based on whether they had a controlling holding of a foreign subsidiary constituted a restriction on the free movement of establishment contrary to Articles 49 and 54. Objective must be able to prevent conduct involving the creation of wholly artificial arrangements and requirement of proportionality.