Thursday 10 May 2012

Europe: share capital, freedom of establishment and freedom to provide services

The Court of Justice of the European Union delivered its judgment today in Duomo Gpa Srl and Others v Comune di Baranzate and Others (Cases C-357/10 to C-359/10). A copy of the judgment is available here and a summary is available here (pdf). The court held that Italian legislation requiring certain companies awarded contracts to collect local taxes to have a minimum share capital of ten million euros was an unjustified restriction on the freedom of establishment and the freedom to provide services (within Articles 43 and 49 of the EC Treaty, see here (pdf)).

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