Prof. Albrecht Drobnig 1 European Union has legal personality (Art. 47 TEU),

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1. Prof. Albrecht Drobnig 1 European Union has legal personality (Art. 47 TEU),
2. Prof. Albrecht DrobnigEuropean Unionhas legal personality (Art.
3. Prof. Albrecht DrobnigEuropean CouncilCommittee of the RegionsEuropean
4. Prof. Albrecht DrobnigImpact of theEU-Economic LawDynamic of
5. Prof. Albrecht DrobnigPublic Authoritylegislatureexecutivejudiciaryparliamentgovernment andadministrationcourts of justice
6. Prof. Albrecht Drobnig
7. Prof. Dr. Albrecht DrobnigEuropean Councilmembers: 29thereof German: min.1 Institutional Frame of the EUProf. Albrecht Drobnig
8. European ParliamentThe European Parliament (EP) is the
9. Prof. Albrecht Drobnig
10. Development of voter participation at the European elections (1979-2009)Prof. Albrecht Drobnig
11. 2009 election results as to parliamentary groups (seats) Prof. Albrecht Drobnig
12. 2009 election results as to parliamentary groups (percentage) Prof. Albrecht Drobnig
13. Prof. Albrecht DrobnigDistribution of seats/votes in parliament and council
14. Council of the European UnionThe Council of
15. Prof. Albrecht DrobnigCouncil (votes)
16. European CommissionThe European Commission runs and manages
17. 1 PresidentPolitical Leadership,Art. 17 VI TEU,
18. Prof. Albrecht DrobnigProf. Albrecht Drobnig
19. Prof. Albrecht DrobnigProf. Albrecht Drobnig
20. Prof. Albrecht DrobnigProf. Albrecht Drobnig
21. Prof. Albrecht Drobnig
22. Court of Justice of the European UnionLuxembourgProf. Albrecht Drobnig
23. Prof. Albrecht DrobnigJurisdiction of CoJ, GC and Specialized Courts
24. Prof. Albrecht Drobnig
25. Prof. Albrecht DrobnigTrial Procedures at the CoJWritten
26. European Central BankFrankfurtProf. Albrecht Drobnig
27. Prof. Albrecht DrobnigProf. Albrecht Drobnig
28. Prof. Albrecht DrobnigProf. Albrecht Drobnig
29. Budgetary situation and national debt in 16
30. Revenue of the EU 2005: 106,3 bn. EuroProf. Albrecht Drobnig
31. Prof. Albrecht DrobnigStructure of the EU –
32. European Court of AuditorsLuxembourgProf. Albrecht Drobnig
33. Prof. Albrecht DrobnigSources of EU-Law
34. Prof. Albrecht Drobnig
35. Prof. Albrecht Drobnig
36. Prof. Albrecht Drobnig
37. Prof. Albrecht Drobnig
38. Prof. Albrecht Drobnig
39. Common market programm: lack of implementation(Percentage of
40. Prof. Albrecht Drobnig
41. Movement of goodsThe prohibition of quantitative restrictions
42. Prof. Albrecht Drobnig
43. The Cassis de Dijon judgement (Cassis-de-Dijon-Formula),
44. Prof. Albrecht Drobnig
45. The Keck judgement (Keck-Formula), CoJ (ex-ECJ)
46. As a result of the Keck-judgement, it
47. Art. 34, 2. Alt. TFEU can
48. Prof. Albrecht Drobnig
49. Prof. Albrecht Drobnig
50. Free movement of persons, Art. 45
51. Prof. Albrecht Drobnig
52. The Di Leo judgement, CoJ-(ex-ECJ) Case
53. Court decision Angonese (Rs. C-281/98) 06.06.2000 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61998J0281:EN:HTML Case:
54. Important exceptions from the right of
55. Restrictions of the right of free
56. II. Freedom of Establishment, Art. 49- 55
57. Art. 49 TFEU (freedom of establishment) grants
58. It is only tolerable to insist on
59. Limitations of the freedom of establishment Art.
60. Freedom of establishment case law: please differentiate
61. Decision:The right of free establishment is a
62. Moving to another Member State of the
63. Decision:The registration of a permanent establishment should
64. 3. Court Decision Überseering (C-208/00) 5.11.2002http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79978894C19000208&doc=T&ouvert=T&seance=ARRETFacts of
65. Decision:The Court of Justice decided it as
66. 4. Court decision Inspire Arts (C-167/01) 30.09.2003http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79969069C19010167&doc=T&ouvert=T&seance=ARRET&whereCase:Inspire
67. Decision:The rules regarding the freedom of establishment
68. 5. Court Case Sevic (C-411/03) 13.12.2005http://lexetius.com/2005,2856Case: In
69. Decision:It is a violation of the freedom
70. Moving out of a Member State: 6.
71. The registration of Gallarate (Italy) as new
72. Prof. Albrecht DrobnigLegal entities in the EUEuropean
73. Freedom to provide services, Art. 56-62 TFEUArt.
74. Content of Art. 57 TFEU: definition of
75. Art. 62 i.c.w. Art. 53 TFEU:National regulations
76. Directive concerning the delegation of workers within
77. Working and employment conditions according to
78. Exemptions The directive entered into force at
79. Free movement of capital and payments, Art.
80. Скачать презентанцию

Prof. Albrecht DrobnigEuropean Unionhas legal personality (Art. 47 TEU), legal and contractive capacity (Art. 33 TFEU) and is subject of international law (Art. 37 TEU) and is capable of tortious liability

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Prof. Albrecht Drobnig 1 European Union has legal personality (Art. 47 TEU),

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Слайд 1Prof. Albrecht Drobnig

European Union
has legal personality (Art. 47 TEU), legal

and contractive capacity (Art. 335 TFEU), is subject of international

law ( Art. 37 TEU) and capable of contractual as well as tortious liability (Art. 340 TFEU)

Competence

customs union
competition rules for the
domestic market
monetary policy for the EURO
Member States
joint commercial policy
conservation of marine biological resources
conclusion of international
agreements

Exclusive Competence
(Art. 2 Abs. 1 i.c.w. Art. 3 TFEU)

domestic market
social policy (regarding the aspects
defined in the TFEU)
economic, social and territorial
cohesion
agriculture and fisheries
(excluding: marine biological resources)
environment
consumer protection
transportation
trans-European networks
- energy
area of freedom, security and justice
common safety concerns in public
health matters
research, technological development
and space
cooperation in development work and
humanitarian aid

Shared Competence
(Art. 2 Abs. 2 i.c.w. Art. 4 TFEU)

Competence to coordinate
(Art. 2 Abs. 5 i.c.w. Art. 6 TFEU)

protection and improvement of
human health
industry
culture
tourism
education and job training, youth
and sports
civil protection
administrative cooperation

Prof. Albrecht Drobnig

Слайд 2Prof. Albrecht Drobnig

European Union
has legal personality (Art. 47 TEU), legal

and contractive capacity (Art. 33 TFEU) and is subject of

international law (Art. 37 TEU) and is capable of tortious liability (Art. 340 TFEU)

competence

special category

Coordination of economic, employment and social policy
(Art. 2 Abs. 3 i.c.w. Art. 5 TFEU)

Common Foreign and Security Policy (CFSP)
(Art. 2 Abs. 4 TFEU i.c.w. Art. 23 ff TEU)

the economic, employment and social policies of the
Member States are coordinated

particular case of shared competence however with
additional regulations
replacement of the Member States´ competences is
excluded
national foreign policy remains competence of the
Member States

Prof. Albrecht Drobnig

Слайд 3Prof. Albrecht Drobnig
European Council
Committee of the
Regions
European Economic
and
Social

Commitee
Consulting
Strategic impulses
Institutions of the European Union (Art. 13 ff.

TEU)

Prof. Albrecht Drobnig

Слайд 4Prof. Albrecht Drobnig
Impact of the
EU-Economic Law
Dynamic of the EU-Common Market
program

(approximately 1.800 legal acts)
Approximation of laws, Art. 114 TFEU
(= harmonization)

Increasing

penetration of the private and public economic law in the member states

Supervision of competition by the
European Commission,
Art. 101 ff. TFEU

Development of law by judicial interpretation by the Court of Justice

Foreign trade policy, Art. 206 ff TFEU

Prof. Albrecht DrobnigImpact of theEU-Economic LawDynamic of the EU-Common Marketprogram (approximately 1.800 legal acts)Approximation of laws, Art.

Слайд 5Prof. Albrecht Drobnig
Public Authority
legislature
executive
judiciary
parliament
government and
administration
courts of justice

Prof. Albrecht DrobnigPublic Authoritylegislatureexecutivejudiciaryparliamentgovernment andadministrationcourts of justice

Слайд 6Prof. Albrecht Drobnig

Слайд 7Prof. Dr. Albrecht Drobnig
European Council
members: 29
thereof German: min.1
Institutional Frame

of the EU
Prof. Albrecht Drobnig

Слайд 8European Parliament
The European Parliament (EP) is the elected body representing

the EU´s citizens. The Members of the European Parliament (MEPs)

are elected directly on a national basis. The European Parliament plays an active role in legislation. Furthermore, the EP is in charge of the annual EU budget in cooperation with the Council of the European Union. The EP has its seat in Strasbourg (France) and holds working sessions in Brussels (Belgium), Strasbourg and Luxembourg.

Prof. Albrecht Drobnig

European ParliamentThe European Parliament (EP) is the elected body representing the EU´s citizens. The Members of the

Слайд 9Prof. Albrecht Drobnig

Слайд 10Development of voter participation at the European elections (1979-2009)
Prof. Albrecht

Drobnig

Слайд 112009 election results as to parliamentary groups (seats)
Prof. Albrecht

Drobnig

Слайд 122009 election results as to parliamentary groups (percentage)

Prof.

Albrecht Drobnig

Слайд 13Prof. Albrecht Drobnig
Distribution of seats/votes in parliament and council

Слайд 14Council of the European Union
The Council of the European Union

is composed of one minister from each Member State. Depending

on the topic of the meeting (e.g. finance, foreign affairs or transport) the respective ministers attend. New legal acts are issued in cooperation with the European Parliament. The Council of the European Union has is located in Brussels (Belgium).

Prof. Albrecht Drobnig

Council of the European UnionThe Council of the European Union is composed of one minister from each

Слайд 15Prof. Albrecht Drobnig
Council (votes)

Слайд 16European Commission
The European Commission runs and manages the EU and

is therefore referred to as the ”Guardian of the Treaties”.

Each Member State delegates one Commissioner. The Commission developes texts for legal acts and ensures that regulations and directives are observed. The European Comission is located in Brussels (Belgium).

Prof. Albrecht Drobnig

European CommissionThe European Commission runs and manages the EU and is therefore referred to as the ”Guardian

Слайд 17 1 President

Political Leadership,
Art. 17 VI TEU, Art. 248 TFEU

7 vice presidents
(thereof 1 High Representative of the

Union for Foreign Affairs and Security Policy, Art. 17 V, 18 TEU)
and
19 members responsible for special areas of operation

political responsibility,
Art. 17 VI subpara. 2 TEU,
Art 234, 247 TFEU

27 Directorate-General

Organization and role of the European Commission

27 members (as of 2014: 18)

instructions

27 cabinets

19 general and internal services, for example
- general secretariate
- legal services
- language services

general functions of the Commission:
-“motor“ of integration
guardian of the
treaties
executive
administration

Prof. Albrecht Drobnig

1 PresidentPolitical Leadership,Art. 17 VI TEU, Art. 248 TFEU 7 vice presidents (thereof 1 High

Слайд 18Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 19Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 20Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 21Prof. Albrecht Drobnig

Слайд 22Court of Justice of the European Union
Luxembourg
Prof. Albrecht Drobnig

Слайд 23Prof. Albrecht Drobnig
Jurisdiction of CoJ, GC and Specialized Courts

Слайд 24Prof. Albrecht Drobnig

Слайд 25Prof. Albrecht Drobnig
Trial Procedures at the CoJ
Written Procedure :
service

of the action to the defendant
publication of the action

in the EU-official journal
statement of defence

Verbal Procedure:
hearing
terminating application of the advocate general

Consultation of the Court of Justice

Pronouncement of the judgement

Publication in the official compilation of juris-
diction of the CoJ and the GC

Prof. Albrecht DrobnigTrial Procedures at the CoJWritten Procedure : service of the action to the defendant publication

Слайд 26European Central Bank
Frankfurt
Prof. Albrecht Drobnig

Слайд 27Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 28Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 29Budgetary situation and national debt in 16 member states of

the Euro (2008)
Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 30Revenue of the EU 2005: 106,3 bn. Euro
Prof. Albrecht Drobnig

Слайд 31Prof. Albrecht Drobnig
Structure of the EU – Budget and financial

forecast
agricultural market policy
structual policy
rural development
Other
Pre-accession/ Enlargement of the EU
Administration

Prof. Albrecht DrobnigStructure of the EU – Budget and financial forecastagricultural market policystructual policyrural developmentOtherPre-accession/ Enlargement of

Слайд 32European Court of Auditors
Luxembourg
Prof. Albrecht Drobnig

Слайд 33Prof. Albrecht Drobnig
Sources of EU-Law

Слайд 34Prof. Albrecht Drobnig

Слайд 35Prof. Albrecht Drobnig

Слайд 36Prof. Albrecht Drobnig

Слайд 37Prof. Albrecht Drobnig

Слайд 38Prof. Albrecht Drobnig

Слайд 39Common market programm: lack of implementation

(Percentage of Eu-directives which have

not been implemented by EU-member states)
Reference date: 01.05.2005
Prof. Albrecht

Drobnig

Common market programm: lack of implementation(Percentage of Eu-directives which have not been implemented by EU-member states) Reference

Слайд 40Prof. Albrecht Drobnig

Слайд 41Movement of goods

The prohibition of quantitative restrictions on imports and

all measures having equivalent effect, Art. 34, 36 TFEU.

The

Dassonville judgement („Dassonville-formula“), Court of Justice (ex-ECJ) Case 8/74
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61974J0008:EN:HTML

„All trading rules enacted by Member States which are capable of preventing, directly or indirectly, actually or potentially, intra-community trade are to be considered as measures having an effect equivalent to quantitative restrictions.“

Prof. Albrecht Drobnig

Movement of goodsThe prohibition of quantitative restrictions on imports and all measures having equivalent effect, Art. 34,

Слайд 42Prof. Albrecht Drobnig

Слайд 43 The Cassis de Dijon judgement (Cassis-de-Dijon-Formula),
CoJ (ex-ECJ) Case

120/78, judgement as of February 20, 1979 :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61978J0120:EN:HTML

“If the movement

of goods within the community is restricted due to disparities between the national laws regarding the marketing of products this restriction must be accepted if those provisions are necessary in order to fulfill mandatory requirements relating to
- the effectiveness of fiscal supervision
- the protection of public health
- the fairness of commercial transaction and
- the defence of the consumer.”
Keep in mind: If something is free once, it is always free.
country-of-origin principle

The judgment concerning „Reinheitsgebot (beer purity law) for
German Beer“
The CoJ reaffirmed the Cassis-de-Dijon-doctrine.

Prof. Albrecht Drobnig

The Cassis de Dijon judgement (Cassis-de-Dijon-Formula), CoJ (ex-ECJ) Case 120/78, judgement as of February 20, 1979

Слайд 44Prof. Albrecht Drobnig

Слайд 45 The Keck judgement (Keck-Formula),
CoJ (ex-ECJ) Case C-267/91 and

C-268/91,
judgement as of November 24, 1993:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML
„ Any measure which

is capable of directly or indirectly, actually or potentially, hindering intra-Community trade constitutes a measure having equivalent effect to a quantitative restriction, prohibited between Member States by Article 30 of the Treaty.

That definition covers obstacles to the free movement of goods which, in the absence of harmonization of legislation, are the consequence of applying to goods coming from other Member States where they are lawfully manufactured and marketed, rules that lay down requirements to be met by such goods (such as those relating to designation, form, size, weight, composition, presentation, labeling, packaging). This is so even if those rules apply without distinction to all products unless their application can be justified by a public-interest objective taking precedence over the free movement of goods.”

Prof. Albrecht Drobnig

The Keck judgement (Keck-Formula), CoJ (ex-ECJ) Case C-267/91 and C-268/91, judgement as of November 24, 1993: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML

Слайд 46As a result of the Keck-judgement, it should be noted:

Art. 34, 2 Alt. TFEU cannot be applied on

selling conditions.

Examples for selling conditions are: – time – point of sale (pos) – pricing – advertising restriction – Precautions for the protection of public order which affect (both legally and effectively) domestic products and products from other EU member states.

Prof. Albrecht Drobnig

As a result of the Keck-judgement, it should be noted: Art. 34, 2 Alt. TFEU cannot be

Слайд 47 Art. 34, 2. Alt. TFEU can be applied in

cases regarding Product requirements.

Examples for product requirements are: –

description – form, measurement, weight – composition/ ingredients – labelling and writing – packaging

The distinction between selling conditions and product requirements is sometimes difficult. Each case needs to be evaluated individually.
Therefore an analysis should be done in order to find out if the market access opportunities of imported products are further restricted than the market entry of domestic products (functional differentiation).

Prof. Albrecht Drobnig

Art. 34, 2. Alt. TFEU can be applied in cases regarding Product requirements. Examples for product

Слайд 48Prof. Albrecht Drobnig

Слайд 49Prof. Albrecht Drobnig

Слайд 50Free movement of persons, Art. 45 – 55 TFEU

I. Free

movement of workers (Art. 45-48 TFEU)

Casagrande judgement, CoJ Case

9/74, judgement as of July 3 1974 (regarding a BAFöG = government financial aid for academic studies of a migrant worker´s son)
The BAFöG-claim (financial state aid for students) of a migrant worker´s son is not directly connected to the employment of the migrant worker. Nevertheless it is mandatory to treat migrant workers and there relatives the same way as domestic employees. Therefore migrant workers and their relatives are equally entitled to social benefits (e.g. financial aid for students) of the state where they live.

Prof. Albrecht Drobnig

Free movement of persons, Art. 45 – 55 TFEUI. Free movement of workers (Art. 45-48 TFEU)

Слайд 51Prof. Albrecht Drobnig

Слайд 52 The Di Leo judgement, CoJ-(ex-ECJ) Case 3/90 as of

February 26, 1992
http://lexetius.com/1992,371
(concerning a BAföG-claim for an academic study

in ones homecountry)

Ms. Di Leo, daughter of an Italian migrant worker in Germany, is entitled to BAföG (financial state aid for students), even if she wants to study in her parents´ home country. The right to BAFöG of migrant workers´children can not be declined because such a child studies in her parents´ home country.

Prof. Albrecht Drobnig

The Di Leo judgement, CoJ-(ex-ECJ) Case 3/90 as of February 26, 1992 http://lexetius.com/1992,371 (concerning a BAföG-claim for

Слайд 53 Court decision Angonese (Rs. C-281/98) 06.06.2000
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61998J0281:EN:HTML

Case:
Mr. Angonese is

an Italian citizen and lives in South Tyrol. His native

language is German. After finishing his studies in Austria he applied for a job in a private bank in Bozen (South Tyrol). His application was declined since he did not present the „patentino“, a certificate confirming bilinguality (German, Italian). The „patentino“ is issued exclusively in Bozen, South Tyrol. Other certificates proving bilinguality were not accepted. Mr. Angonese felt discriminated by the South Tyrolian bank and sued it for compensation.

Decision:
The court agreed with Mr. Angonese. The requirement to bring forward a „patentino“ in connection with job applications means a discrimination of nonresident candidates. As the patentino is only issued in Bozen, South Tyrol, nonresidents need greater effort to gain it and are thereby discriminated. Both, public and private employers have to observe the non-discrimination rule (Art. 45 II TFEU).

Prof. Albrecht Drobnig

Court decision Angonese (Rs. C-281/98) 06.06.2000 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61998J0281:EN:HTML Case: Mr. Angonese is an Italian citizen and lives in South

Слайд 54 Important exceptions from the right of free movement of

workers:
- The right of free movement of workers can

be limited for reasons of public policy, public security and public health, Art. 45 III TFEU. E.g. vis-à-vis members of Scientology, criminal workers, workers with epidemic infection.
- Freedom of movement of workers is not applicable to employment in public service, Art. 45 IV TFEU.
- Court of Justice: exceptions of the right of free movement of workers have to be interpreted in a narrow sense. The term „public service“ covers only sovereign acts of state like defence, police force, customs and justice. Jobs in public institutions offering public services (education, transport, energy supply, telecommunications) cannot be limited.

Prof. Albrecht Drobnig

Important exceptions from the right of free movement of workers: - The right of free

Слайд 55 Restrictions of the right of free movement by Member

States have to fulfill the principle of proportionality (Art. 5

para. 4 TEU), i.e. they have to be
- appropriate, - necessary and - reasonable.
Regulation (EEC) No 1408/71 (on the basis of Art. 48 TFEU) of June 14, 1971 on the application of social security schemes to migrant workers:
Pension and social benefits claims which have been gained through employment in several Member States (of the EU) can be applied for accumulatively. Migrant workers moving within the EU should be treated as if they had worked in only one member state. Payment of pension does not depend on the country of residence and can be claimed even if the person does not live in the member state. The regulation does not intend to harmonize the different social security systems, but is supposed to simplify the application procedure.

Prof. Albrecht Drobnig

Restrictions of the right of free movement by Member States have to fulfill the principle

Слайд 56II. Freedom of Establishment, Art. 49- 55 TFEU

The right of

self-employed persons to perform self-employment permanently as a single person

or as a company in another Member State is covered by Art. 49, 54 TFEU (freedom to provide services: temporary employment, Art. 56, 57 para. 3 TFEU).

Gebhard judgement, CoJ (ex-ECJ) Case 55/94 as of November 30, 1995
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61994J0055:EN:HTML

The freedom of establishment (Art. 49 TFEU) takes precedence over the freedom to provide services (Art. 56 ff. TFEU).
The distinction between permanent (freedom of establishment) and temporary (freedom to provide services) employment in other Member States is based on
- duration,
- frequency and
- recurrence of the services provided.

Prof. Albrecht Drobnig

II. Freedom of Establishment, Art. 49- 55 TFEUThe right of self-employed persons to perform self-employment permanently as

Слайд 57
Art. 49 TFEU (freedom of establishment) grants the right of

treatment equal to residents. This means that the set up

and pursuit of activities of self-employed persons as well as the establishment and managing of companies underlie the rules of the country where the business is carried out, Art. 49 II TFEU.
It is not allowed to demand higher standards from EU-citizens than from residents of the respective Member State. Same applies for the acceptance of foreign certificates and qualifications, Art. 53 TFEU.

Prof. Albrecht Drobnig

Art. 49 TFEU (freedom of establishment) grants the right of treatment equal to residents. This means that

Слайд 58It is only tolerable to insist on special requirements (certificate,

reference or qualification) for citizens of other Member States pursuing

self-employment and/or using a job title (e.g. avvocato) for reasons of public policy, public security or public health, Art. 52 Abs. 1 TFEU.

To prevent national restricting rules from violating Art. 49 TFEU, these rules have
- to be justified by urgent reasons of public interest, Art 52 TFEU, - to be applied non-discriminatory and - to fulfill the principle of proportionality, Art. 5 Abs. 4 TEU; National requirements are proportional if they are appropriate, necessary and reasonable in order to achieve the respective objective.
Consequence:
Example for attorneys from other Member States working in Italy: Italy may require an additional exam in Italian law. However, an Italian rule has to consider legal knowledge already acquired in other Member States.

Prof. Albrecht Drobnig

It is only tolerable to insist on special requirements (certificate, reference or qualification) for citizens of other

Слайд 59Limitations of the freedom of establishment

Art. 51 TFEU:
According

to Art. 51 TFEU the freedom of establishment shall not

apply to activities with the exercise of official authority. As it is a restriction of one of the freedoms, the restriction is narrowly interpreted by the CoJ. - The CoJ approved exercise of official authority for notaries certifying documents. - The CoJ declined exercise of official authority for lawyers and auditors in Belgium as well as for experts of car accidents in Greece.

Art. 52 TFEU:
Restricting provisions for EU-citizens of other Member States may be justified only on reasons of public policy, public security or public health. As restriction it has to be interpreted narrowly. Examples for restrictions:
- serious previous conviction of the applicant,
reasonable suspicion of industrial espionage,
danger of introducing an epidemic.
Principle of proportionality, Art. 5 Abs. 4 TEU:
Only the mildest means necessary to achieve the objective is justified.

Prof. Albrecht Drobnig

Limitations of the freedom of establishment Art. 51 TFEU: According to Art. 51 TFEU the freedom of

Слайд 60Freedom of establishment case law: please differentiate between companies moving

to or moving out of a Member State.

1. CoJ-(ex-ECJ)

Daily Mail judgement (Case 81/87) as of September 27, 1988
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61987J0081:EN:HTML

Facts of the case (moving out of a Member State):

The Daily Mail and General Trust plc (incorporated in Great Britain) wanted to transfer its seat to the Netherlands in order to benefit from tax advantages in connection with a planned restructuring of the company.

However, the British Ministry of Finance denied its legally necessary consent for the seat transfer. Thus the British tax law forbids companies to move the fiscal place of business abroad without an approval of the Ministry. The approval was denied as the Ministry at least asked for a partial taxation in Great Britain.

Prof. Albrecht Drobnig

Freedom of establishment case law: please differentiate between companies moving to or moving out of a Member

Слайд 61Decision:

The right of free establishment is a basic rule of

EU-law (Art. 49 ff. TFEU). It prevents Member States from

constraining the relocation of citizens or companies to other Member States. This freedom is ensured by granting the possibility to found subsidiaries or affiliates in other Member States.

But Art. 49 and 54 TFEU cannot be interpreted in that way that companies may move their executive board into another Member State while keeping their legal personality.

Prof. Albrecht Drobnig

Decision:The right of free establishment is a basic rule of EU-law (Art. 49 ff. TFEU). It prevents

Слайд 62Moving to another Member State of the EU:

2. Court

decision Centros (C-212/97) 9.3.1999
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en

Facts of the case:
The Danish Trade and

Companies Board rejected to register a permanent establishment of Centros Ltd., a British registered "private limited company by shares”, in Denmark.

Centros Ltd. had been founded in Great Britain by a Danish couple and maintained a registered office at the residence of a friend of the Danish couple. However Centros Ltd. never carried out any business in Great Britain. It managed business in Denmark only.

Even though the Danish law grants the right to install a permanent establishment in Denmark, the request had been denied. The authorities argued that Centros Ltd. in fact did not want to maintain a permanent establishment but a headquaters avoiding national requirements connected with the establishment of a headquaters.

Prof. Albrecht Drobnig

Moving to another Member State of the EU: 2. Court decision Centros (C-212/97) 9.3.1999http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=enFacts of the case:The

Слайд 63Decision:

The registration of a permanent establishment should not be rejected,

if the company has been effectively constituted in another Member

State. It is irrelevant wether the company carries out any business in its country of origin.

The intention of Art. 49, 54 TFEU is that companies which have been founded within the EU are empowered to start business in any other Member State by building up permanent establishments. It is no misuse of the freedom of establishment if a EU-citizen founds a company in the Member State which offers the most favorable legal framework. Furthermore it is irrelevant if permanent establishments in other Member States are set up afterwards.

Prof. Albrecht Drobnig

Decision:The registration of a permanent establishment should not be rejected, if the company has been effectively constituted

Слайд 643. Court Decision Überseering (C-208/00) 5.11.2002
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79978894C19000208&doc=T&ouvert=T&seance=ARRET

Facts of the case:
The Nederland

Besloten Vennootschap (BV) „Überseering“, a Dutch corporation, owned property in

Düsseldorf, Germany, including a garage which needed renovation and a motel. In 1992 Überseering authorized a German building company to carry out the necessary renovations.

The building company did not carry out the renovation properly. Therefore Überseering sued the building company for damages of one million DM. In the meantime the executive board and the representation of Überseering BV had been moved to Germany. Due to this German courts presumed that Überseering BV moved its headquarter to Germany and denied Überseering BV´s legal personality and legal capacity.

Prof. Albrecht Drobnig

3. Court Decision Überseering (C-208/00) 5.11.2002http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79978894C19000208&doc=T&ouvert=T&seance=ARRETFacts of the case:The Nederland Besloten Vennootschap (BV) „Überseering“, a Dutch corporation,

Слайд 65Decision:

The Court of Justice decided it as violation of EU-law

if legal personality and legal capacity of a company founded

according to the laws of a EU-Member State are denied.

In this case the Court of Justice only had to decide about the question of legal personality and legal capacity of a company moving its headquarters to another member state (Preliminary ruling, Art. 267 TFEU). It did not have to decide about the legal form of the company. The (German) Federal Court of Justice decided, that a company that moved its headquarters to Germany is treated as a BGB-company (private partnership under German civil code). This means, that the company has another legal form in Germany than in its country of origin. (BGH, 13.03.2003, VII ZR 370/98, http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&sid=ad97614620ba3aff7f3c561a2cc9e7ec&nr=25771&pos=23&anz=31)

Prof. Albrecht Drobnig

Decision:The Court of Justice decided it as violation of EU-law if legal personality and legal capacity of

Слайд 664. Court decision Inspire Arts (C-167/01) 30.09.2003
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79969069C19010167&doc=T&ouvert=T&seance=ARRET&where

Case:
Inspire Art Ltd. has

been established on July 28, 2000 as a „private company

limited by shares" according to British law. The headquarters were located in Folkestone (Great Britain). Its sole director lived in Den Haag (Netherlands) and had individual power of representation. Inspire Art Ltd. maintained a permanent establishment in Amsterdam where it carried out its business exclusively. An additional specification identifying Inspire Art Ltd. as foreign company had not been registered in the Amsterdam trade register.

The Amsterdam chamber of commerce held the opinion that such additional specification is mandatory and filed a claim at the district court in Amsterdam. The status as foreign company would have entailed additional legal obligations, e.g. personal liability of its directors). However, Inspire Art Ltd. esteemed a mandatory registration as foreign company as violation of Art. 49, 54 TFEU.

Prof. Albrecht Drobnig

4. Court decision Inspire Arts (C-167/01) 30.09.2003http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79969069C19010167&doc=T&ouvert=T&seance=ARRET&whereCase:Inspire Art Ltd. has been established on July 28, 2000 as

Слайд 67Decision:

The rules regarding the freedom of establishment (Art. 49 ff.,

54 TFEU) intend to grant companies being incorporated in line

with the law of a Member State the right to conduct their business in any other Member State by opening up agencies, subsidiaries or any other form of permanent establishments.

It is in line with the guaranteed freedom of establishment (Art. 49, 54 TFEU) if a company is founded according to the most favorable legal framework of a Member State and opens permanent establishments in other Member States afterwards.

It is neither misuse nor deception if a company does not conduct any or only small business in the country where it had been founded but mainly carries out its business in a permanent establishment in another Member State. The Member State where the company was incorporated is not entitled to exclude the company from application of EU-law due to this.

Prof. Albrecht Drobnig

Decision:The rules regarding the freedom of establishment (Art. 49 ff., 54 TFEU) intend to grant companies being

Слайд 685. Court Case Sevic (C-411/03) 13.12.2005
http://lexetius.com/2005,2856

Case:
In 2002 the German

SEVIC System AG and the Luxembourgian Security Vision Concept SA

signed a merger agreement. The merger agreement determined that Security Vision Concept SA would be merged in SEVIC SYTEM AG (transfer of its assets to SEVIC System AG without being dissolved and without amortization of undisclosed reserves).
The local court of Neuwied declined the request to register the merger in the local trade register. It was of the opinion the German Mergers Act (Umwandlungsgesetz = UmwG) is – due to its wording - only applicable on mergers of legal entities maintaining their headquarters in Germany (§ 1 (1) No. 1 UmwG).

Prof. Albrecht Drobnig

5. Court Case Sevic (C-411/03) 13.12.2005http://lexetius.com/2005,2856Case: In 2002 the German SEVIC System AG and the Luxembourgian Security

Слайд 69Decision:

It is a violation of the freedom of establishment (Art.

49, 54 TFEU) if the merger of a German company

and a company from another Member State cannot be registered in a German trade register.

Purely domestic mergers and mergers of companies based in different EU Member States (cross-border-merger) should not be treated differently under the rule of the freedom of establishment (Art. 49, 54 TFEU). Adverse treatment of EU-cross border mergers is not justified by protection of public policy, Art. 52 TFEU.

Prof. Albrecht Drobnig

Decision:It is a violation of the freedom of establishment (Art. 49, 54 TFEU) if the merger of

Слайд 70Moving out of a Member State:

6. Cartesio judgement, CoJ

(ex-ECJ) (C-210/06) of 16. December 2008
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-210/06

Facts of the case:
Cartesio

was established on 20. May 2004 as a „betéti társaság“ (limited partnership) according to Hungarian law. The company´s seat was located in Baja (Hungary). It was registered on 11. June 2004.

The company had a limited and an unlimited partner both being inhabitants and citizens of Hungary. Cartesio mainly operated its business in the field of human resources, translation, teaching and education.

After having decided to transfer its company seat from Baja (Hungary) to Gallarate (Italy) Cartesio applied on 11. November 2005 to the competent Hungarian commercial court (trade register) to register to new company seat.

Prof. Albrecht Drobnig

Moving out of a Member State: 6. Cartesio judgement, CoJ (ex-ECJ) (C-210/06) of 16. December 2008http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-210/06Facts of

Слайд 71The registration of Gallarate (Italy) as new company seat was

declined by the Hungarian trade court arguing a company incorporated

according to and ruled by Hungarian law may not transfer its seat to another Member State whilst retaining its status as company governed by Hungarian law.

Decision:

The refusal of the Hungarian commercial court to register the transfer of the seat does not violate the freedom of establishment, Art. 49, 54 TFEU.

Art. 49, 54 TFEU do not exclude national legislation of a Member State forbidding companies incorporated under the law of that Member State to transfer their seats to another Member State whilst retaining their status as companies governed by the law of the Member State of incorporation.

Prof. Albrecht Drobnig

The registration of Gallarate (Italy) as new company seat was declined by the Hungarian trade court arguing

Слайд 72Prof. Albrecht Drobnig
Legal entities in the EU
European Economic Interest Grouping

(EEIG)
European Company
(Societas Europaea, SE)
European Cooperative Society
(Societas Cooperativa Europaea, SCE)
European

Private Company
(Societas Privata Europaea, SPE)

corporations

partnerships

Prof. Albrecht Drobnig

Слайд 73Freedom to provide services, Art. 56-62 TFEU

Art. 56 TFEU:

The

freedom to provide services extends the freedom of establishment on

temporary occupations in other Member State.
Services may be offered and rendered in other Member States without maintaining permanent establishments in these Member States.
The freedom to provide services includes the right to reside temporarily in other Member States in order to provide the offered services.

Prof. Albrecht Drobnig

Freedom to provide services, Art. 56-62 TFEUArt. 56 TFEU: The freedom to provide services extends the freedom

Слайд 74Content of Art. 57 TFEU:

definition of the term

“service”
the freedom to provide service is subsidiary to the

other freedoms granted according to EU-law
Art. 57 is only applicable, if: - the provider of services - the recipient or - the service itself crosses the border of a Member State, see Art. 56 para. 1 TFEU. The freedom to provide services comprises the right of a self employed person to sustain a minimum of infrastructure in the host country, e.g. office to collect orders or to distribute advertising material.

Restrictions:
Art. 62 TFEU (with reference to Art. 51, 52 TFEU - exercise of official authority, public policy, public security, public health). Principle of proportionality It is only allowed to use the mildest means necessary to achieve the objective.

Prof. Albrecht Drobnig

Content of Art. 57 TFEU: definition of the term “service” the freedom to provide service is subsidiary

Слайд 75Art. 62 i.c.w. Art. 53 TFEU:

National regulations that determine the

conduct of business in service industries can be harmonized. This

has already been done in the area of banking and insurance, see Art. 58 para. 2.

Banks and insurance companies may offer financial services throughout the EU since 1994, provided they:

are registered in one Member State (principle of single registration) and

are controlled by the supervisory body in their home country,
„home-country-control principle“, derived from the „country-of-origin principle“.

Prof. Albrecht Drobnig

Art. 62 i.c.w. Art. 53 TFEU:National regulations that determine the conduct of business in service industries can

Слайд 76Directive concerning the delegation of workers within the framework of

the provision of services (Directive 96/71/EG as of December 16,

1996)
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:DE:HTML

the directive is applicable if companies delegate employees to another Member State keeping up the employment contract.

Member States shall ensure that companies guarantee their delegated workers the terms and conditions of employment which are laid down by law, regulation or administrative provision and/or by collective agreements or arbitration awards in the country of destination.

“country-of-destination principle”

Prof. Albrecht Drobnig

Directive concerning the delegation of workers within the framework of the provision of services (Directive 96/71/EG as

Слайд 77 Working and employment conditions according to laws and rules

of the country of destination:

 maximum work periods and minimum

rest periods;

 minimum period of paid annual holiday

 minimum wages including overtime payment

 conditions for temporary employments

 health, safety and sanitary conditions at work

 safety measures in respect of employed pregnant women or women who have recently given birth, of children and of youths;

 equal treatment of men and women and other provisions guaranteeing non-discrimination.

Prof. Albrecht Drobnig

Working and employment conditions according to laws and rules of the country of destination:  maximum

Слайд 78Exemptions

The directive entered into force at the date of

its issue. However Member States may deviate from the principle

of immediate application of the directive (96/71/EG) in respect of:

minimum wage if the work carried out does not exceed one month and if the worker is not employed by a temporary-employment agency;

minimum wage and the paid annual holiday if the amount of work carried out is marginal and if the worker is not employed by a temporary-employment agency;

 minimum wage and paid annual holiday in the case of initial construction and/or first installation of goods, if the worker delegation does not exceed eight days. This exemption shall not apply the construction sector.

Implementation of the directive in Germany:
Arbeitnehmer-Entsendegesetz (AEntG) as of February 26, 1996, amended on April 20, 2009: it is litigious if Germany transformed the directive adequately into national German law.

Prof. Albrecht Drobnig

Exemptions The directive entered into force at the date of its issue. However Member States may deviate

Слайд 79Free movement of capital and payments, Art. 63-66 TFEU

Art. 63

TFEU is applicable on movements of capital and on payments

between Member States and between Member States and third countries. There is no need for the owner of capital respectively the payee of payments to be a national of an Member State.

Consequence:

Even an US-American, Russian or Japanese shareholder may rely on the free movement of capital and payments granted according to Art. 63 TFEU if he is involved in financial transactions in a Member State.

Restrictions:

Art. 65 TFEU: restrictions due to national fiscal reasons are allowed.
Art. 64, 66 TFEU: restrictions in relation to non-Member States are acceptable for a limited period if strictly necessary.

Prof. Albrecht Drobnig

Free movement of capital and payments, Art. 63-66 TFEUArt. 63 TFEU is applicable on movements of capital

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Prof. Albrecht Drobnig 1 European Union has legal personality (Art. 47 TEU),

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Слайды и текст этой презентации

Слайд 1Prof. Albrecht DrobnigEuropean Unionhas legal personality (Art. 47 TEU), legal

and contractive capacity (Art. 335 TFEU), is subject of international

Слайд 2Prof. Albrecht DrobnigEuropean Unionhas legal personality (Art. 47 TEU), legal

and contractive capacity (Art. 33 TFEU) and is subject of

Слайд 3Prof. Albrecht DrobnigEuropean CouncilCommittee of the RegionsEuropean Economic and Social

Commitee ConsultingStrategic impulsesInstitutions of the European Union (Art. 13 ff.

Слайд 4Prof. Albrecht DrobnigImpact of theEU-Economic LawDynamic of the EU-Common Marketprogram

(approximately 1.800 legal acts)Approximation of laws, Art. 114 TFEU(= harmonization)Increasing

Слайд 5Prof. Albrecht DrobnigPublic Authoritylegislatureexecutivejudiciaryparliamentgovernment andadministrationcourts of justice

Слайд 6Prof. Albrecht Drobnig

Слайд 7Prof. Dr. Albrecht DrobnigEuropean Councilmembers: 29thereof German: min.1 Institutional Frame

of the EUProf. Albrecht Drobnig

Слайд 8European ParliamentThe European Parliament (EP) is the elected body representing

the EU´s citizens. The Members of the European Parliament (MEPs)

Слайд 9Prof. Albrecht Drobnig

Слайд 10Development of voter participation at the European elections (1979-2009)Prof. Albrecht

Drobnig

Слайд 112009 election results as to parliamentary groups (seats) Prof. Albrecht

Drobnig

Слайд 122009 election results as to parliamentary groups (percentage) Prof.

Albrecht Drobnig

Слайд 13Prof. Albrecht DrobnigDistribution of seats/votes in parliament and council

Слайд 14Council of the European UnionThe Council of the European Union

is composed of one minister from each Member State. Depending

Слайд 15Prof. Albrecht DrobnigCouncil (votes)

Слайд 16European CommissionThe European Commission runs and manages the EU and

is therefore referred to as the ”Guardian of the Treaties”.

Слайд 17 1 PresidentPolitical Leadership,Art. 17 VI TEU, Art. 248 TFEU

7 vice presidents (thereof 1 High Representative of the

Слайд 18Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 19Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 20Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 21Prof. Albrecht Drobnig

Слайд 22Court of Justice of the European UnionLuxembourgProf. Albrecht Drobnig

Слайд 23Prof. Albrecht DrobnigJurisdiction of CoJ, GC and Specialized Courts

Слайд 24Prof. Albrecht Drobnig

Слайд 25Prof. Albrecht DrobnigTrial Procedures at the CoJWritten Procedure : service

of the action to the defendant publication of the action

Слайд 26European Central BankFrankfurtProf. Albrecht Drobnig

Слайд 27Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 28Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 29Budgetary situation and national debt in 16 member states of

the Euro (2008)Prof. Albrecht DrobnigProf. Albrecht Drobnig

Слайд 30Revenue of the EU 2005: 106,3 bn. EuroProf. Albrecht Drobnig

Слайд 31Prof. Albrecht DrobnigStructure of the EU – Budget and financial

forecastagricultural market policystructual policyrural developmentOtherPre-accession/ Enlargement of the EUAdministration

Слайд 32European Court of AuditorsLuxembourgProf. Albrecht Drobnig

Слайд 33Prof. Albrecht DrobnigSources of EU-Law

Слайд 34Prof. Albrecht Drobnig

Слайд 35Prof. Albrecht Drobnig

Слайд 36Prof. Albrecht Drobnig

Слайд 37Prof. Albrecht Drobnig

Слайд 38Prof. Albrecht Drobnig

Слайд 39Common market programm: lack of implementation(Percentage of Eu-directives which have

not been implemented by EU-member states) Reference date: 01.05.2005Prof. Albrecht

Слайд 40Prof. Albrecht Drobnig

Слайд 41Movement of goodsThe prohibition of quantitative restrictions on imports and

all measures having equivalent effect, Art. 34, 36 TFEU. The

Слайд 42Prof. Albrecht Drobnig

Слайд 43 The Cassis de Dijon judgement (Cassis-de-Dijon-Formula), CoJ (ex-ECJ) Case

120/78, judgement as of February 20, 1979 : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61978J0120:EN:HTML “If the movement

Слайд 44Prof. Albrecht Drobnig

Слайд 45 The Keck judgement (Keck-Formula), CoJ (ex-ECJ) Case C-267/91 and

C-268/91, judgement as of November 24, 1993: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML „ Any measure which

Слайд 46As a result of the Keck-judgement, it should be noted:

Art. 34, 2 Alt. TFEU cannot be applied on

Слайд 47 Art. 34, 2. Alt. TFEU can be applied in

cases regarding Product requirements. Examples for product requirements are: –

Слайд 48Prof. Albrecht Drobnig

Слайд 49Prof. Albrecht Drobnig

Слайд 50Free movement of persons, Art. 45 – 55 TFEUI. Free

movement of workers (Art. 45-48 TFEU) Casagrande judgement, CoJ Case

Слайд 51Prof. Albrecht Drobnig

Слайд 52 The Di Leo judgement, CoJ-(ex-ECJ) Case 3/90 as of

February 26, 1992 http://lexetius.com/1992,371 (concerning a BAföG-claim for an academic study

Слайд 53 Court decision Angonese (Rs. C-281/98) 06.06.2000 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61998J0281:EN:HTML Case: Mr. Angonese is

Слайд 1Prof. Albrecht Drobnig

European Union
has legal personality (Art. 47 TEU), legal

Слайд 2Prof. Albrecht Drobnig

European Union
has legal personality (Art. 47 TEU), legal

Слайд 3Prof. Albrecht Drobnig
European Council
Committee of the
Regions
European Economic
and
Social

Commitee
Consulting
Strategic impulses
Institutions of the European Union (Art. 13 ff.

Слайд 4Prof. Albrecht Drobnig
Impact of the
EU-Economic Law
Dynamic of the EU-Common Market
program

(approximately 1.800 legal acts)
Approximation of laws, Art. 114 TFEU
(= harmonization)

Increasing

Слайд 5Prof. Albrecht Drobnig
Public Authority
legislature
executive
judiciary
parliament
government and
administration
courts of justice

Слайд 7Prof. Dr. Albrecht Drobnig
European Council
members: 29
thereof German: min.1
Institutional Frame

of the EU
Prof. Albrecht Drobnig

Слайд 8European Parliament
The European Parliament (EP) is the elected body representing

Слайд 10Development of voter participation at the European elections (1979-2009)
Prof. Albrecht

Слайд 112009 election results as to parliamentary groups (seats)
Prof. Albrecht

Слайд 122009 election results as to parliamentary groups (percentage)

Prof.

Слайд 13Prof. Albrecht Drobnig
Distribution of seats/votes in parliament and council

Слайд 14Council of the European Union
The Council of the European Union

Слайд 15Prof. Albrecht Drobnig
Council (votes)

Слайд 16European Commission
The European Commission runs and manages the EU and

Слайд 17 1 President

Political Leadership,
Art. 17 VI TEU, Art. 248 TFEU

7 vice presidents
(thereof 1 High Representative of the

Слайд 18Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 19Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 20Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 22Court of Justice of the European Union
Luxembourg
Prof. Albrecht Drobnig

Слайд 23Prof. Albrecht Drobnig
Jurisdiction of CoJ, GC and Specialized Courts

Слайд 25Prof. Albrecht Drobnig
Trial Procedures at the CoJ
Written Procedure :
service

of the action to the defendant
publication of the action

Слайд 26European Central Bank
Frankfurt
Prof. Albrecht Drobnig

Слайд 27Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 28Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

the Euro (2008)
Prof. Albrecht Drobnig
Prof. Albrecht Drobnig

Слайд 30Revenue of the EU 2005: 106,3 bn. Euro
Prof. Albrecht Drobnig

Слайд 31Prof. Albrecht Drobnig
Structure of the EU – Budget and financial

forecast
agricultural market policy
structual policy
rural development
Other
Pre-accession/ Enlargement of the EU
Administration

Слайд 32European Court of Auditors
Luxembourg
Prof. Albrecht Drobnig

Слайд 33Prof. Albrecht Drobnig
Sources of EU-Law

Слайд 39Common market programm: lack of implementation

(Percentage of Eu-directives which have

not been implemented by EU-member states)
Reference date: 01.05.2005
Prof. Albrecht

Слайд 41Movement of goods

The prohibition of quantitative restrictions on imports and

all measures having equivalent effect, Art. 34, 36 TFEU.

The

Слайд 43 The Cassis de Dijon judgement (Cassis-de-Dijon-Formula),
CoJ (ex-ECJ) Case

120/78, judgement as of February 20, 1979 :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61978J0120:EN:HTML

“If the movement

Слайд 45 The Keck judgement (Keck-Formula),
CoJ (ex-ECJ) Case C-267/91 and

C-268/91,
judgement as of November 24, 1993:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61991J0267:EN:HTML
„ Any measure which

cases regarding Product requirements.

Examples for product requirements are: –

Слайд 50Free movement of persons, Art. 45 – 55 TFEU

I. Free

movement of workers (Art. 45-48 TFEU)

Casagrande judgement, CoJ Case

February 26, 1992
http://lexetius.com/1992,371
(concerning a BAföG-claim for an academic study

Слайд 53 Court decision Angonese (Rs. C-281/98) 06.06.2000
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61998J0281:EN:HTML

Case:
Mr. Angonese is

workers:
- The right of free movement of workers can

Слайд 56II. Freedom of Establishment, Art. 49- 55 TFEU

The right of

Слайд 57
Art. 49 TFEU (freedom of establishment) grants the right of

Слайд 59Limitations of the freedom of establishment

Art. 51 TFEU:
According

to or moving out of a Member State.

1. CoJ-(ex-ECJ)

Слайд 61Decision:

The right of free establishment is a basic rule of

Слайд 62Moving to another Member State of the EU:

2. Court

decision Centros (C-212/97) 9.3.1999
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=en

Facts of the case:
The Danish Trade and

Слайд 63Decision:

The registration of a permanent establishment should not be rejected,

Слайд 643. Court Decision Überseering (C-208/00) 5.11.2002
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79978894C19000208&doc=T&ouvert=T&seance=ARRET

Facts of the case:
The Nederland

Слайд 65Decision:

The Court of Justice decided it as violation of EU-law

Слайд 664. Court decision Inspire Arts (C-167/01) 30.09.2003
http://curia.europa.eu/jurisp/cgi-bin/gettext.pl?lang=en&num=79969069C19010167&doc=T&ouvert=T&seance=ARRET&where

Case:
Inspire Art Ltd. has

Слайд 67Decision:

The rules regarding the freedom of establishment (Art. 49 ff.,

Слайд 685. Court Case Sevic (C-411/03) 13.12.2005
http://lexetius.com/2005,2856

Case:
In 2002 the German

Слайд 69Decision:

It is a violation of the freedom of establishment (Art.

Слайд 70Moving out of a Member State:

6. Cartesio judgement, CoJ

(ex-ECJ) (C-210/06) of 16. December 2008
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-210/06

Facts of the case:
Cartesio

Слайд 72Prof. Albrecht Drobnig
Legal entities in the EU
European Economic Interest Grouping

(EEIG)
European Company
(Societas Europaea, SE)
European Cooperative Society
(Societas Cooperativa Europaea, SCE)
European

Слайд 73Freedom to provide services, Art. 56-62 TFEU

Art. 56 TFEU:

The

Слайд 74Content of Art. 57 TFEU:

definition of the term

“service”
the freedom to provide service is subsidiary to the

Слайд 75Art. 62 i.c.w. Art. 53 TFEU:

National regulations that determine the

of the country of destination:

 maximum work periods and minimum

Слайд 78Exemptions

The directive entered into force at the date of

Слайд 79Free movement of capital and payments, Art. 63-66 TFEU

Art. 63