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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission of the European Communities v Republic of Austria (Judgment of the Court (First Chamber)) [2009] EUECJ C-356/08 (25 June 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C35608.html Cite as: [2009] EUECJ C-356/08, EU:C:2009:401, ECLI:EU:C:2009:401, [2009] EUECJ C-356/8

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Judgment of the Court (First Chamber) of 25 June 2009 – Commission v Austria

(Case C‑356/08)

Failure of a Member State to fulfil obligations – Freedom to provide services – Freedom of establishment – Free movement of capital – National legislation imposing an obligation on medical doctors established in the territory of the Land of Upper Austria to open a bank account with a particular bank

1.                     Freedom of movement for persons – Freedom of establishment – Freedom to provide services – Provisions of the Treaty – Scope (Arts 43 EC and 49 EC) (see para. 37)

2.                     Freedom to provide services – Restrictions – Rules of the national medical association imposing on its members established in the national territory the obligation to open a bank account with a particular bank (Art. 49 EC) (see paras 40-49, 51, operative part 1)

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 43 EC, 49 EC and 56 EC – National legislation imposing an obligation on medical doctors established in the territory of the

Land

of Upper Austria to open a bank account with the Oberösterreichische Landesbank.

Operative part

The Court:

1.

Declares that, by imposing an obligation on every medical doctor becoming established in Oberösterreich (Land of Upper Austria) to open a bank account with the Oberösterreichische Landesbank in Linz to which fees for benefits in kind in the context of the exercise of his professional activity are to be transferred by the health insurance funds, the Republic of Austria has failed to comply with its obligations under Article 49 EC;

2.

Orders the Republic of Austria to pay the costs.