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Case C-474/12: Judgment of the Court (Fifth Chamber) of 4 September 2014 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Schiebel Aircraft GmbH v Bundesminister für Wirtschaft, Familie und Jugend (Reference for a preliminary ruling — Freedom of establishment — Freedom of movement for workers — Non-discrimination — Article 346(1)(b) TFEU — Protection of a Member State’s essential security interests — Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State)
ECLI:EU:UNKNOWN:62012CA0474
62012CA0474
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10.11.2014
Official Journal of the European Union
C 395/5
(Case C-474/12) (*)
((Reference for a preliminary ruling - Freedom of establishment - Freedom of movement for workers - Non-discrimination - Article 346(1)(b) TFEU - Protection of a Member State’s essential security interests - Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State))
(2014/C 395/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Schiebel Aircraft GmbH
Defendant: Bundesminister für Wirtschaft, Familie und Jugend
Operative part of the judgment
Articles 45 TFEU and 49 TFEU must be interpreted as precluding legislation of a Member State such as that at issue in the main proceedings, under which, in the case of businesses wishing to trade in military weapons and munitions and broker the sale and purchase of such goods, members of their statutory representation bodies, or their managing partner, must hold the nationality of that Member State. It is for the national court, however, to verify whether the Member State which, in order to justify that legislation, relies on the derogation allowed under Article 346(1)(b) TFEU is able to show that such derogation is necessary in order to protect its essential security interests.
(*)
Language of the case: German