Capital and payments.

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Presentation transcript:

Capital and payments

Prunus SARL (Case 384/09)

Luisi & Carbone 286/82, 26/83

FINANCIAL OPERATIONS CAPITAL – separate PAYMENT – mutual obligation

Servatius (Case 567/07)

Limitations shares, real estate, mortages, loans, inheritance.

Commission v Spain (Case 463/00)

golden shares limited % of shares for non-national investors, previous approval from the government government has a member of the board, not selling voting shares,

Commission v Germany (Case 112/05)

conditions required for public interest, no discrimination, adequate for its purpose, proportionate.

Rights of MS (art. 65 TFEU) to apply the relevant provisions of their tax law which distinguish between taxpayers to take all requisite measures to prevent infringements of national law and regulations, in particular in the field of taxation and the supervision of financial institutions, to lay down procedures for purposes of administrative or statistical information, to take measures which are justified on grounds of public policy or public security.