Freedom of establishment

Abstract

This chapter considers the establishment freedom, concentrating on three aspects where recent European Court of Justice decisions have appeared to enlarge its scope but have also left unsolved questions on particular aspects. First, it looks at the nature of the establishment freedom, distinguishing it from the other freedoms, in particular the right to provide services and free movement of capital. Second, the chapter examines who are the beneficiaries of the right of establishment and, in particular, the position of legal persons, companies, where harmonization of member states' company laws has achieved results but has not solved all problems. Finally, it addresses the question of which parties are obliged by the treaty to respect the right of establishment and considers a 2007 judgment, Viking, which, with the Laval decision concerning services, caused much criticism.