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European Union – Discrimination. The Court of Justice of the European Union ruled that arts 45 and 49 of the Treaty on the Functioning of the European Union (the TFEU) should 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 had to hold the nationality of that member state. It was for the national court, however, to verify whether the member state which, in order to justify that legislation, relied on the derogation allowed under art 346(1)(b) of the TFEU, was able to show that such derogation was necessary in order to protect its essential security interests.
European Union – Discrimination. The Court of Justice of the European Union ruled that arts 45 and 49 of the Treaty on the Functioning of the European Union (the TFEU) should 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 had to hold the nationality of that member state. It was for the national court, however, to verify whether the member state which, in order to justify that legislation, relied on the derogation allowed under art 346(1)(b) of the TFEU, was able to show that such derogation was necessary in order to protect its essential security interests.
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