Article 54 TFEU (Equality of Treatment of Companies and Firms)

published in H.J. Blanke and S. Mangiameli (eds) Treaty on the Functioning of the European Union - A Commentary. Springer Commentaries on International and European Law. Springer, 2021, pages 1131-1145

13 Pages Posted: 29 Oct 2021

See all articles by Thomas Papadopoulos

Thomas Papadopoulos

Department of Law, University of Cyprus

Date Written: September 15, 2021

Abstract

Article 54 TFEU complements the scope of application ratione personae of Article 49 TFEU, by including companies into the beneficiaries of freedom of establishment. In modern economy, the economic impact of companies is bigger than that of natural persons. Freedom of establishment is conferred not only to natural persons holding EU nationality, but also to legal persons. Article 54 TFEU adopts ex-Article 48 EC Treaty without any substantial alterations and sets out the beneficiaries of the right to establishment. A company enjoys the freedom of establishment if it has been formed in accordance with the laws of one of the MS and if its registered office, central administration or principal place of business is within a MS of the EU. On the one hand, prohibition of discrimination in Article 49 TFEU forbids discrimination against individuals on the basis of nationality. On the other hand, Article 49 TFEU forbids discrimination against companies on the basis of registered office, central administration or principal place of business.

Keywords: Article 54 TFEU, ex Article 48 EC Treaty, freedom of establishment of companies, internal market, companies, firms, legal persons, primary establishment, secondary establishment, harmonization, CJEU's case law

JEL Classification: K22, K23

Suggested Citation

Papadopoulos, Thomas, Article 54 TFEU (Equality of Treatment of Companies and Firms) (September 15, 2021). published in H.J. Blanke and S. Mangiameli (eds) Treaty on the Functioning of the European Union - A Commentary. Springer Commentaries on International and European Law. Springer, 2021, pages 1131-1145, Available at SSRN: https://ssrn.com/abstract=3924131

Thomas Papadopoulos (Contact Author)

Department of Law, University of Cyprus ( email )

P.O. Box 20537
Nicosia, 1678
Cyprus

HOME PAGE: http://ucy.ac.cy/dir/en/component/comprofiler/userprofile/tpapad05

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