Freedom of capital
4 important questions on Freedom of capital
1. Free movement of capital?
- Art. 63 TFEU
- Territorial scope: territorial unlimited, personal is EU citizens + private companies (ECJ Case Commission v Italy)
- Material scope of protection:
- Movement of capital: financial operations concerned with investments of funds (ECJ Case luisi & Carbone)
- Transfer of money: cash, transactions, cheque bill, as remuneration in excersicing one of other fundamental freedoms.
3. No special provision/secondary legislation
- Regulation 1889/2005: controls of cash entering or leaving the Community
- Regulation 2015/847: information accompanying transfers of funds
4. Prohibited measure (MS, collective associations)
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6. Justification. What is the Cassis-formula?
- Non-discriminatory way objective in the public interest
- are appropriate
- not go beyond what is necessary for that purpose.
The question on the page originate from the summary of the following study material:
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