The CJEU & the right of establishment of companies in the EU

Abstract

The EU has always worked to form an internal market where many barriers hindering trade have been removed. This internal market is a vital part of the EU providing free movement for goods, person, services and capital. These are known as the EU's four freedoms and are available to all the 27 member states. Within this we find Freedom of Establishment, which is maintained by Article 49 and 54 of the 'Treaty on the Functioning of the European Union' (TFEU). Several theories have taken shape and are used to explain the way in which decisions are made for issues of freedom of establishment. This work observes how these theories are used to resolve disputes that may occur between States over which legislation to apply. It further observes the complex nature of Article 49 TFEU and Article 54 TFEU along with several case studies. The combination of issues and decisions encountered within the Court of Justice (CJ) have helped shape the concept of freedom of establishment.