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Freedom of Establishment

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Key Article for Freedom of Establishment

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Article 49

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Prohibits
Applies to
Does not apply to
Rights
Direct Effect

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Self-employed (Jany) and Companies and firms (Article 54)
Vertical (Reyners) and Horizontal (Viking Line)
Purely internal situations
Restrictions on freedom of establishment of nationals of a MS in the territory of another MS
To set up undertakings (companies, branches) under same conditions as nationals

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Article 49 has

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Freedom of Establishment Test

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Differences between establishment and services

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Matters falling outside Article 49

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Official Authority Exemption

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Restrictions:

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Justifying a restriction

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Derogations

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Imperative Requirements

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Characteristics of companies (Article 54)

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Freedom of establishment includes

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Case regarding company branches

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Principle of mutual recognition confirmed it

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