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European Commission v Germany - discrimination against an undertaking, based upon its nationality or registered office address, breaches Art 49 EC

It is an infringement of Article 49 EC relating to the Freedom of Movement of Workers/Freedom of Establishment to discriminate against an undertaking directly based upon its nationality or its registered office address unless there are grounds of public policy, public security or public health present justifying such discrimination. Fear of practical difficulties eg enforcing non-payment of social-security contributions by non-German and non-German based undertakings, does not constitute a valid public policy exemption.

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