Keyword Analysis & Research: article 49 tfeu explained


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What does Article 49 and 56 TFEU apply to?

Articles 49 and 56 TFEU apply to direct discrimination; where the applicant is treated by the host state authorities or employers, less favourably than the latter treats or would have treated, in the same circumstances, an individual who is a citizen of the host state such as in Grzelczyk C-184/99. [ 2]

What is Article 49?

In its first paragraph, Article 49 abolishes domestic member state restrictions on the freedom of establishment, including primary establishments such as companies as well as secondary establishments including agencies and branch offices etc. (OJ 115 , 09/05/2008 P. 0067 – 0067.)

What are the exceptions in the TFEU?

Exceptions enable Member States to exclude the production of or trade in war material (Article 346 (1) (b) TFEU) and to retain rules for non-nationals in respect of public policy, public security or public health (Article 52 (1)). B. Services Directive – towards completing the internal market

What did the ECJ decide in unectef V Heylens?

This case was followed by UNECTEF v Heylens C-222/86, where the ECJ held that in the absence of harmonizing directives Member States could regulate the qualifications and knowledge required for particular occupations. (Craig.P. and De Burca. G., 2003, pp. 775.) In Ordre des avocats au Barreau de Paris v Onno Klopp.


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