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European Observer on fundamental right's respect

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Case Law C-685/15 (14/06/2017)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/14/2017

Subject: The Court affirmed that Articles 49 and 56 TFEU, as interpreted in particular in the judgment of 30 April 2014, Pfleger and Others, read in light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a national procedural system according to which, in administrative offence proceedings, the court called upon to rule on the compliance with EU law of legislation restricting the exercise of a fundamental freedom of the European Union, such as the freedom of establishment or the freedom to provide services within the European Union, is required to examine of its own motion the facts of the case before it in the context of examining whether administrative offences arise, provided that such a system does not have the consequence that that court is required to substitute itself for the competent authorities of the Member State concerned, whose task it is to provide the evidence necessary to enable that court to determine whether that restriction is justified

Parties: Online Games e a.

Classification: Freedoms - Art. 15 Right of establishment - Freedom to provide services - Justice

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