Caveat: None of the Interpretative Communications below prejudges the interpretation that could be given by the CJEU to the issues addressed.
Communication from the Commission on Intra-EU investment in the financial services' sector (2005)
This Communication aims to reduce the risk of divergent legal interpretation in the area of investment in the financial services' sector - albeit without presuming that such risks exist across the EU. Thus, on the one hand, it gives Member States an opportunity to refine, where necessary, their laws and administrative behaviour. On the other hand, it aims to make financial institutions fully aware of their rights stemming from the Treaty in the area of intra-EU direct investment.
Communication of the Commission on certain legal aspects concerning on intra-EU investment (1997)
The objective of this Communication was to indicate to national authorities and economic operators in Member States how the Commission interprets the Treaty provisions on capital movements and establishment on the basis of case law on intra-EU investment. Although the Communication looks at all barriers to intra-EU investment, special rights given to national authorities in private companies are an important issue in the public debate.
Following on from the Communication, the Commission requested Member States to provide full information on potential barriers to intra-EU investment, including special rights. On the basis of a detailed examination of the restrictions notified, the Commission entered in a dialogue with the Member States. In some cases this dialogue led to a voluntary abolition or modification of the scope of such special rights, while in others infringements proceedings were opened against various Member States. Some cases were closed on the basis of the justifications advanced or the abolition of the restrictions contested, while others were pursued through the normal infringement mechanism foreseen in Art. 258 TFEU. These were subsequently ruled on by the CJEU (See cases C-58/99, C-367/98, C-483/99, C-503/99, C-463/00, C-98/01).
Case law quoted in the 1997 Communication on intra-EU investment
Joined cases 286/82 and 26/83, Luisi and Carbone (judgment of the Court of 31 January 1984). References for a preliminary ruling: Tribunale civile e penale di Genova - Italy. Invisible transactions - National control requirements.
Case C-147/86, Commission v Hellenic Republic (judgment of the Court of 15 March 1988). Failure by a Member State to fulfil its obligations - Discrimination on grounds of nationality (exercise of official authority) –prohibition to set up private schools / "Frontistiria" (coaching establishments)
Case C-148/91, Vereniging Veronica Omroep (judgment of the Court of 3 February 1993). Reference for a preliminary ruling: Raad van State - Netherlands. Freedom to provide services - Free movement of capital - National legislation designed to preserve a pluralistic and non-commercial broadcasting network.
Case C-330/91, The Queen v Inland Revenue Commissioners, ex parte Commerzbank AG (judgment of the Court of 13 July 1993). Reference for a preliminary ruling: High Court of Justice, Queen's Bench Division - United Kingdom. Right of establishment - Corporation tax - Indirect discrimination on grounds of nationality.
Case C-17/92, Federación de Distribuidores Cinematográficos v Estado Español et Unión de Productores de Cine y Televisión (judgment of the Court of 4 May 1993). Reference for a preliminary ruling: Tribunal Supremo - Spain. National rules intended to promote the distribution of national films.
Case C-19/92, Dieter Kraus v Land Baden-Württemberg (judgment of the Court of 31 March 1993). Reference for a preliminary ruling: Verwaltungsgericht Stuttgart - Germany. Use of a post-graduate academic title - Legislation of a Member State requiring authorization for the use of academic titles awarded in another Member State.
Case C-1/93, Halliburton Services BV v Staatssecretaris van Financiën (judgment of the Court (Sixth Chamber) of 12 April 1994). Reference for a preliminary ruling: Hoge Raad - Netherlands. Companies - Right of establishment - Discriminatory taxation.
Joined cases C-358/93 and C-416/93, Bordessa et al (judgment of the Court of 23 February 1995). References for a preliminary ruling: Audiencia Nacional - Spain. Directive 88/361/EEC - Authorization for the transfer of money in the form of banknotes.
Case C-415/93, Bosman (judgment of the Court of 15 December 1995). Reference for a preliminary ruling: Cour d'appel de Liège - Belgium. Freedom of movement for workers - Competition rules applicable to undertakings - Professional footballers - Sporting rules on the transfer of players requiring the new club to pay a fee to the old club - Limitation of the number of players having the nationality of other Member States who may be fielded in a match.
Case C-55/94, Gebhard (judgment of the Court of 30 November 1995). Reference for a preliminary ruling: Consiglio Nazionale Forense - Italy. Directive 77/249/EEC - Freedom to provide services - Lawyers - Possibility of opening chambers.
Joined cases C-163/94, C-165/94 and C-250/94, Sanz de Lera et al (judgment of the Court of 14 December 1995). References for a preliminary ruling: Juzgado Central de lo Penal de la Audiencia Nacional - Spain. Capital movements - Non-member countries - National authorization for the transfer of banknotes.