European Tax Law - JKU

Treaty Establishing the European Community *
Article 2
The Community shall have as its task, by establishing a common market and an economic and monetary union
and by implementing common policies or activities referred to in Articles 3 and 4, to promote throughout the
Community a harmonious, balanced and sustainable development of economic activities, a high level of
employment and of social protection, equality between men and women, sustainable and non-inflationary growth, a
high degree of competitiveness and convergence of economic performance, a high level of protection and
improvement of the quality of the environment, the raising of the standard of living and quality of life, and economic
and social cohesion and solidarity among Member States.
Article 3
1. For the purposes set out in Article 2, the activities of the Community shall include, as provided in this
Treaty and in accordance with the timetable set out therein: […]
(c) an internal market characterised by the abolition, as between Member States, of obstacles to the free
movement of goods, persons, services and capital; […]
Article 12
Within the scope of application of this Treaty, and without prejudice to any special provisions contained
therein, any discrimination on grounds of nationality shall be prohibited. […]
Article 14
[…]
2. The internal market shall comprise an area without internal frontiers in which the free movement of
goods, persons, services and capital is ensured in accordance with the provisions of this Treaty.
Article 18
1. Every citizen of the Union shall have the right to move and reside freely within the territory of the Member
States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it
effect. […]
[Free movement of persons, services and capital: Workers]
Article 39
1. Freedom of movement for workers shall be secured within the Community.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between
workers of the Member States as regards employment, remuneration and other conditions of work and
employment. […]
[Free movement of persons, services and capital: Right of establishment]
Article 43
Within the framework of the provisions set out below, restrictions on the freedom of establishment of
nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition
shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any
Member State established in the territory of any Member State.
Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to
set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of
Article 48, under the conditions laid down for its own nationals by the law of the country where such
establishment is effected, subject to the provisions of the Chapter relating to capital.
* [2006] OJ (C 321E), 1.