Lecture 9 - Right to establishment

Question 1

what is the significance of articles 49-55 tfeu

Answer 1

-right to engage in economic activity under the same conditions as nationals
-prohibits restrictions on the right of union citizens to establish a business in another member state
-includes restrictions on the setting up of agencies, branches or subsidiaries
-right to take up and pursue activities as self-employed or manage undertakings
- art 18 tfeu together with art 49 tfeu = a high level of protection against discrimination

Question 2

what is the significance of articles 49-55 tfeu

Answer 2

-right to engage in economic activity under the same conditions as nationals
-prohibits restrictions on the right of union citizens to establish a business in another member state
-includes restrictions on the setting up of agencies, branches or subsidiaries
-right to take up and pursue activities as self-employed or manage undertakings
- art 18 tfeu together with art 49 tfeu = a high level of protection against discrimination

Question 3

what is the significance of factortame II

Answer 3

defined establishment as the actual pursuit of an economic activity through a fixed establishment in another member state for an indefinite period

Question 4

what rights are afforded under art 49 tfeu

Answer 4

-equal treatment as nationals of the country where establishment is effected
- the right to access to self employment
-the right to exercise activities as a self employed person