Freedom of Establishment Flashcards
Article 49 TFEU states that the pinciple of Freedom of Establishment is…
the Right for EU citizens and companies to establish themselves in any member state for a commercial purpose… and to set up secondary establishments in another MS
Freedom of establishment implies…
permanent or semi permanent settlement of a person or a company in another member State for economic reasons
Case: Gebhard
Confirms the broad meaning of ‘establishment’ which is in line with the definiton.
AND also stated that an EU national exercising the right of establishment in another MS must comply with the relevant requirements.
Implies that Article 49 extends beyond inequality of treatment, to include restrictions raising unecessary obstables to freedom and establishment.
Case: Jany (definition of a self employed person)
A self employed person provides a service outside any relationship subordination concerning the choice of that activity, working conditions, and conditions of remuneration, and does so under their own responsibility in return for remuneration paid to that person directly and in full
