Judgment — ECLI:EU:C:2009:37
Date: 2009-01-29
Language of the case: Italian
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: The various activities
Procedure: Reference for a preliminary ruling
Origin: Italy

summary of the developments in the case-law on abuse of rights, the reader is referred to my Opinion in Halifax and Others, point 62. 21 – See, with regard to the importance of demonstrating the existence of an abusive practice on the basis of objective evidence, without its being necessary to inquire into the intention of the person presumed responsible, my Opinion in Halifax and Others, points 70 and 71. 22 – See Case C-110/99 Emsland-Stärke [2000] ECR I-11569, paragraphs 52 and 53; and, to the same effect, Centros, paragraph 24; Halifax, paragraphs 74 and 75; and Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 64. 23 – See more specifically, as regards freedom of establishment, Centros, paragraph 25, X and Y, paragraph 42, and Cadbury Schweppes and Cadbury Schweppes Overseas, paragraphs 41 and 42. 24 – That objective must be considered in the context of Article 3(1)(q) EC and the second indent of Article 149(2) EC, which concern the mobility of teachers and students. See also Case C-224/98 D’Hoop [2002] ECR I-6191, paragraphs 30 to 32, and Case C‑147/03 Commission v Austria [2005] ECR I-5969, paragraph 44. 25 – See point 39 of the Opinion of Advocate General Bot in Commission v Greece. 26 – Judgment in Joined Cases C-225/95, C-226/95 and C-227/95 Kapasakalis and Others [1998] ECR I-4239, paragraph 18. 27 – Kraus, paragraph 16. 28 – Kraus, paragraph 17. 29 – Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 53. 30 – See, in particular, Kapasakalis and Others, paragraph 22. 31 – See point 39 of the Opinion of Advocate General Bot in Commission v Greece. 32 – Halifax and Others, paragraph 81. 33 – Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 57. 34 – Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 55.