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The Free Movement of Capital and Foreign Direct InvestmentThe Scope of Protection in EU Law$
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Steffen Hindelang

Print publication date: 2009

Print ISBN-13: 9780199572656

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199572656.001.0001

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The Influence of Competing Freedoms on the Scope of Application—Direct Investment between Free Movement of Capital and the Freedom of Establishment

The Influence of Competing Freedoms on the Scope of Application—Direct Investment between Free Movement of Capital and the Freedom of Establishment

Chapter:
(p.81) III The Influence of Competing Freedoms on the Scope of Application—Direct Investment between Free Movement of Capital and the Freedom of Establishment
Source:
The Free Movement of Capital and Foreign Direct Investment
Author(s):

Steffen Hindelang

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199572656.003.0004

This chapter demonstrates that direct investment constitutes a classic cross-sectional activity falling, prima facie, within the ambit of free movement of capital and the freedom of establishment. The configuration of the relationship of those two competing freedoms can have a severe impact on the scope of Article 56 (1) EC in a third-country context and is therefore brought into focus. It is argued that free movement of capital and the freedom of establishment are inextricably linked to each other with respect to the cross sectional activity of direct investment. The different aspects of the economic activity cannot be separated in a comprehensible and clear cut fashion. Only the densification of the freedoms can prevent an economic aspect of the activity being exposed to potentially unjustified discrimination or hindrance. Only in this way it is guaranteed that the freedoms are not deprived of their effectiveness in a situation in which an economic activity falls potentially into the ambit of more than one freedom.

Keywords:   competing freedoms, parallelism, exclusivity, freedom of establishment, free movement of capital, Article 43 EC, Article 56 EC, cross-section activity, densification

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