EUR-Charts

The box entitled “Activities connected with the exercise of official authority, Art. 51(1) TFEU” (last row, on the right-hand side) should read:

Limits the right to free movement (exemption), thus narrow interpretation; Commission v Greece (1988):

• Only activities which in themselves involve a direct and specific connection with the exercise of official authority; Reyners (1974), Thijssen (1993);

• Even where private bodies do exercise the powers of a public authority, Art. 51(1) TFEU does not apply where, under the law, those private bodies are to be supervised by the public authority; Commission v Portugal (2009).

E.g. does not include the profession of attorneys-at-law as a whole, nor entire professions generally; Reyners (1974).

The box entitled “Primary establishment” (last row, on the left-hand side) should read:

Primary establishment

Taking up and pursuing an economic activity in another Member State:

• Natural persons: e.g. leaving one Member State in order to set up office elsewhere; Reyners (1974);
• Companies: e.g. merging with a company in another Member State; SEVIC (2005).

Limit: national rules on the “nationality” of a company; Cartesio (2008), concerning the moving of the seat while wishing to remain under law of the first Member State; as opposed to Indus (2011), concerning a legitimate exit tax in the event of a company’s moving the registered office.