Selected Remarks Regarding Equal Treatment in Business Relationships in the European Union on the Example of Issues Concerning the Cross-Border Transfer of Companies Between Member States

Abstract

In this paper the author analyzes the free movement of companies between EU Member States, one of the most essential conditions enabling the freedom of business in the European Union. It is obvious that in every European country, the constitution and/or legal order guarantees the basic fundamental rights for the people and settles the exercise of power. In conducting the research it is very important to examine the appearance of the two fundamental freedoms which are the essence of present topic, the freedom to provide services and the freedom of establishment. Both rights are listed in the basic treaties of the European Union and their nature is explained herein through interpretation of the text of the treaties, and through the jurisdiction, by analyzing case law using the decisions of the Court of Justice of the European Union (CJEU). The research centres on the examination of the practical side of the freedom to provide services and freedom of business. The study is presented through analysis and evaluation of the decisions of the CJEU and the Hungarian national jurisdiction. The goal is to provide a general picture through the jurisdiction of the CJEU and to examine whether the rights mentioned truly emerge in real life. Older decisions have also been taken into consideration in this regard as they were fundamental to the founding principles of the freedoms discussed and their present regulation.