freedom of establishment – Current Awareness

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily

Posted November 21st, 2013 in EC law, freedom of establishment, law reports, media by sally

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) (Case C-221/12); [2013] WLR (D) 443

“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Proceedings concerning Texdata Software GmbH – WLR Daily

Posted October 1st, 2013 in accounts, EC law, freedom of establishment, law reports, penalties by sally

Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358

“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

‘Myth’ that Britain cannot ban EU doctors – Daily Telegraph

Posted January 20th, 2012 in doctors, EC law, freedom of establishment, news by tracey

“Britain is free to ban foreign doctors from working in this country if they do not speak adequate English or there are concerns over their medical ability, an EU Commissioner insists today.”

Full story

Daily Telegraph, 29th January 2012

Source: www.telegraph.co.uk

Vodafone2 v Commissioners for Revenue and Customs – Times Law Reports

Posted June 26th, 2009 in corporation tax, EC law, freedom of establishment, law reports by sally

Vodafone2 v Commissioners for Revenue and Customs

Court of Appeal

“In order to interpret United Kingdom legislation concerning the profits of controlled foreign companies in a way which avoided any unlawful restriction of a taxpayer company’s right to freedom of establishment, conferred by article 43 of the European Treaty, the court was entitled to introduce an additional exception to those contained in section 748(1)(a) to (e) and (3) of the Income and Corporation Taxes Act 1988.”

The Times, 26th June 2009

Source: www.timesonline.co.uk

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Posted May 26th, 2009 in apportionment, corporation tax, EC law, foreign companies, freedom of establishment, law reports by sally

Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170

“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

International Transport Workers’ Federation and Another v Viking Line ABP and Another – Times Law Reports

Posted December 14th, 2007 in EC law, freedom of establishment, industrial action, law reports, shipping law by sally

International Transport Workers’ Federation and Another v Viking Line ABP and Another

Court of Justice of the European Communities

“The protection of workers could justify industrial action causing a restriction on freedom of establishment of a shipowner proposing to reflag the vessel for economic reasons.”

The Times, 14th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.