Problem
Key Treaty Clauses and Secondary Law
Articles 56-62 TFEU on Free Movement of Services
Arts 49-55 TFEU on Freedom of Establishment
Directive 2006/123/EC on Services in the Internal Market, [2OJ L 376, 27.12.2006, p. 36-68
Directive 2005/36 on Recognition of Professional Qualifications, OJ L 255, 30.9.2005, p. 22-142
Answer the problem solving question using case law. use different cases and please take your time. I don't want it rushed. Thank you I hope you have good intentions.
A. Explain with reference to specific clauses of Directive 2005/36 the three available routes to recognition of professional qualifications.
B. Read and summarize case C-118/09 (Koller). What is the significance of this case for the recognition of professional qualifications?
C. Consider the following scenario: Mr Rossi, an Italian businessman, would like to set up a limited liability company in Italy. However, he soon realises that, in order to do so, he would have to provide a minimum share capital of €1,000. He finds out that setting up the company in Malta would be much cheaper, since maltese law only requires a minimum capital of €1 and less onerous registration procedures than Italian law does. Therefore Mr Rossi sets up his company in Malta. However, the company then opens a branch in Italy and carries out its actual business activity from this branch. The competent Italian authority decides that formally foreign companies that conduct all their activities in Italy via a branch, must adhere to Italian rules on minimum share capital of €1,000, in order to protect creditors. Advise Mr Rossi on his rights under EU law.