While the cross-border freedom to provide services is the subject of the EC Council directive referred to above, the right of establishment
clause still requires more detailed regulations for lawyers by the EU bodies.
And the right of establishment
was violated by the low ceilings imposed by the Plan on the proportion of land which may be reinstated to displaced persons as well as permanent restrictions on the right of establishment
aimed at preserving overwhelming ethno-linguistic majorities in each constituent state.
This reference for a preliminary ruling submitted by the Verwaltungsgerichtshof (Austria) aims to clarify whether hunting, when the person licensed to hunt sells the shot wildlife within the country concerned, constitutes a self-employed activity within the meaning of Article 43 EC on the right of establishment
even if that activity is not intended to make an overall profit.
Decree 2005-1739 of December 2005 does little to tackle security concerns since it is more about keeping foreign investors out, in contradiction with EU Treaty rules on the free movement of capital (Article 56) and the right of establishment
(Article 43), says the Commission.
The Commission will analyse carefully the Italian government's decree and will see if creates any barriers to the right of establishment
and the free movement of capital", said a spokesman.
28 chapters opened: Science and research, education and culture, economic and monetary policy, industrial policy, customs, intellectual property rights, the right of establishment
and freedom to provide services, company law, statistics, financial services, financial monitoring, information society and media, consumer protection and health, external relations, financial and budgetary provisions, trans-European networks, transport, energy, free movement of workers, social and labour law, free movement of goods, justice, freedom and security, taxation, free movement of capital, regional policy, food security, policies on veterinary and pest-risk analysis, agriculture and rural development.
Concurrent to the events surrounding the takeover bids, the European Commission on July 28 went ahead and referred to the European Court of Justice the Elf Aquitaine case for non-compliance with EU rules on free movement of capital (Article 56) and the right of establishment
(Article 43), two of the EU Treaty's basic principles.
In spite of requests by Denmark and Ireland, the Commission has never agreed to amend Directive 2004/38/EC on free movement and the right of establishment
, out of fear of opening a Pandora's box on these fundamental EU rights.