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Publishers Abstract:
The demarcation of the freedom of capital and freedom to provide services was at issue in this case. Since the EC Treaty's other fundamental freedoms do not extend to third countries, the issue of whether free movement of capital or free movement of services was the appropriate basis on which to assess the compatibility of the Member State's national measure with EU law was crucial to the applicants in the Fidluin Finanz case. The shift of emphasis, from the effect of impugned legislation on the particular economic operator's activities to the primary purpose of the legislation, in determining which of two possible fundamental freedoms is to be applied must now be considered settled. Indeed, the Court has indicated that it will consider the different context and objectives of the third country dimension in interpreting Article 56(1) and assessing justifications.
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