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Document 61990CJ0369

Abstrakt rozsudku

Keywords
Summary

Keywords

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Freedom of movement for persons ° Freedom of establishment ° Community rules ° Class of persons covered ° National of a Member State possessing at the same time the nationality of a non-member country ° Included

(EEC Treaty, Art. 52; Council Directive 73/148)

Summary

The provisions of Community law concerning freedom of establishment preclude a Member State from withholding that freedom from a national of another Member State who at the same time possesses the nationality of a non-member country, on the ground that the legislation of the host State deems him to be a national of the non-member country.

Whenever a Member State, having due regard to Community law, has granted its nationality to a person, another Member State may not, by imposing an additional condition for its recognition, restrict the effects of the grant of that nationality with a view to the exercise of a fundamental freedom provided for in the Treaty, particularly since the consequence of allowing such a possibility would be that the class of persons to whom the Community rules on freedom of establishment were applied might vary from one Member State to another.

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