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European Observer on fundamental right's respect

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Case Law C- 434/10 (17/11/2011)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/17/2011

Subject: The Court affirmed that European Union law does not preclude a legislative provision of a Member State which permits an administrative authority to prohibit a national of that State from leaving it on the ground that a tax liability of a company of which he is one of the managers has not been settled, subject, however, to the twofold condition that the measure at issue is intended to respond, in certain exceptional circumstances which might arise from, inter alia, the nature or amount of the debt, to a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society and that the objective thus pursued does not solely serve economic ends. It is for the national court to determine whether that twofold condition is satisfied. However, Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States preclude such a measure if it is founded solely on the existence of the tax liability of the company of which he is one of the joint managers, and on the basis of that status alone, without any specific assessment of the personal conduct of the person concerned and with no reference to any threat of any kind which he represents to public policy, and if the prohibition on leaving the territory is not appropriate to ensure the achievement of the objective it pursues and goes beyond what is necessary to attain it.

Parties: Petar Alazhov

Classification: Citizens’ rights - Art. 45 Freedom of movement

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