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  1. Freedom of Establishment. The Treaty Provision Article 49 TFEU Restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State ...

  2. 19. Okt. 2016 · The free movement of capital (Art. 63, para. 1 TFEU) and the freedom of establishment (Art. 49 TFEU) represent cornerstones of the internal market in the area of cross-border investment and cross-border entrepreneurship. Yet the overlap between these two freedoms remains unclear, an issue which particularly plays a role in regard to third-country situations as the scope of Art. 63, para. 1 ...

  3. 27. Sept. 2021 · Article 49 TFEU in its second paragraph goes on to define the freedom of establishment as the ability of the self-employed to be able to pursue their activities on an equal footing with the nationals of the member state in which they are established. (OJ 115 , 09/05/2008 P. 0067 – 0067.) The development of the scope of Article 49 has been ...

  4. Freedom of establishment. Dennis PATTERSON and Anna SÖDERSTEN (eds), A companion to European Union law and international law, Malden : John Wiley & Sons, 2016, pp. 217-228. This chapter considers the establishment freedom, concentrating on three aspects where recent European Court of Justice decisions have appeared to enlarge its scope but ...

  5. 1. Juni 2021 · 1 Harmonisation, Establishment and Services: Some Difficult Cases. Article 50 TFEU empowers the Commission, Council and Parliament to act, by means of directives, with a view to attaining freedom of establishment as regards a “particular activity”. It is the “activity” that is the focus. Hence, the harmonising directives will treat a ...

  6. None of the provisions and formalities of national law, to which reference is made in this Directive, should introduce restrictions on freedom of establishment or on the free movement of capital, save where these can be justified in accordance with the case-law of the Court of Justice of the European Union and in particular, by requirements of the general interest and are both necessary for ...

  7. In Case C-106/16, Polbud, the CJEU, in answer to a preliminary question, further specified the conditions of ‘freedom of establishment’, stating that it is applicable also to the transfer of the registered office of a company formed in accordance with the law of one Member State to the territory of another Member State, for the purpose of its conversion.