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Case C-161/07: Judgment of the Court (First Chamber) of 22 December 2008 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Article 43 EC — National legislation laying down the conditions for registration of partnerships or companies on application by nationals of the new Member States — Procedure for certification of self-employed status)
ECLI:EU:UNKNOWN:62007CA0161
62007CA0161
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21.2.2009
Official Journal of the European Union
C 44/9
(Case C-161/07)
(Failure of a Member State to fulfil obligations - Article 43 EC - National legislation laying down the conditions for registration of partnerships or companies on application by nationals of the new Member States - Procedure for certification of self-employed status)
(2009/C 44/14)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and G. Braun, Agents)
Intervener in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, Agent)
Defendant: Republic of Austria (represented by: C. Pesendorfer and M. Winkler, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 43 EC — National legislation laying down the conditions for registration of businesses owned by third-country nationals, applicable also to Czech, Estonian, Latvian, Lithuanian, Hungarian, Polish, Slovene and Slovak nationals — Obligation for all members of partnerships and for minority shareholders in limited liability companies who perform activities which are typical of a work relationship to follow a special procedure for determining the applicant's self-employed status, in the course of which they must prove their influence on the management of the business they wish to have registered in the Member State
Operative part of the judgment
The Court:
1.Declares that, by requiring for the registration of partnerships or companies in the commercial register on application by persons who are nationals of the Member States which acceded to the European Union on 1 May 2004 — with the exception of the Republic of Cyprus and the Republic of Malta — and are members of a partnership or have minority holdings in a limited liability company, a determination by the Arbeitsmarktservice that they are self-employed or the presentation of a work permit exemption certificate, the Republic of Austria has failed to fulfil its obligations under Article 43 EC;
2.Orders the Republic of Austria to pay the costs.
* * *
(<span class="super">1</span>) OJ C 140, 23.6.2007.