Commission of the European Union v Hellenic Republic
(Case C-244/11)
ECJ
8 November 2012
Fourth Chamber
European UnionFreedom of movementCapitalScheme under which prior authorisation is required for the acquisition of voting rights representing 20% or more of the share capital in certain ‘strategic public limited companies’Arrangements for ex post control of certain decisions taken by those companiesFEU Treaty, arts 43FEU and 56FEU

By its application, the Commission of the European Communities requested the Court of Justice to declare that, by setting out the requirements referred to in article 11(1), read in conjunction with article 11(2), and those referred to in article 11(3) of Law 3631/2008 on the creation of a national fund for social cohesion (FEK Α’ 6/29.1.2008), the Hellenic Republic had failed to fulfil its obligations under articles 63FEU and 49FEU of the FEU Treaty relating to respectively, the free movement of capital and the freedom of establishment

Decision

The Court of Justice declared that, by laying down the requirements referred to in article 11(1), read in conjunction with article 11(2), and those referred to in article 11(3) of Law 3631/2008, on the creation of a national fund for social cohesion, the Hellenic Republic has failed to fulfil its obligations under Article 43FEU on the freedom of establishment.

Relevant legislation considered

FEU Treaty arts 43FEU and 56FEU.

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