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European Observer on fundamental right's respect

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Case Law C-169/07 (10/03/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 03/10/2009

Subject: According to the Court, the Austrian legislation on health institutions, that sets up of an independent outpatient clinic to the requirement of prior authorisation based on an assessment of the health needs of the population, is contrary to the principle of freedom of establishment, since it applies to independent outpatient dental clinics but not to group practices, and where the discretion of the national authorities is not adequately circumscribed.

Parties: Hartlauer

Classification: Freedoms - Art. 15 Right of establishment

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