CELEX: C2006/294/15
Language: en
Date: 2006-12-02 00:00:00
Title: Case C-452/04: Judgment of the Court (Grand Chamber) of 3 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main — Germany) — Fidium Finanz AG v Bundesanstalt für Finanzdienstleistungsaufsicht (Freedom to provide services — Free movement of capital — Companies established in non-member countries — Activity entirely or principally directed towards the territory of a Member State — Grant of credit on a commercial basis — Requirement of prior authorisation in the Member State in which the service is provided)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/9
            
         Judgment of the Court (Grand Chamber) of 3 October 2006 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main — Germany) — Fidium Finanz AG v Bundesanstalt für Finanzdienstleistungsaufsicht
   (Case C-452/04) (1)
   
   (Freedom to provide services - Free movement of capital - Companies established in non-member countries - Activity entirely or principally directed towards the territory of a Member State - Grant of credit on a commercial basis - Requirement of prior authorisation in the Member State in which the service is provided)
   (2006/C 294/15)
   Language of the case: German
   Referring court
   Verwaltungsgericht Frankfurt am Main
   Parties to the main proceedings
   
      Applicant: Fidium Finanz AG
   
      Defendant: Bundesanstalt für Finanzdienstleistungsaufsicht
   Re:
   Reference for a preliminary ruling — Verwaltungsgericht Frankfurt am Main — Interpretation of Arts 49, 56 and 58 EC — Undertaking established in a non-member country whose activities, consisting in the granting of loans, are directed entirely or principally at the territory of a Member State — Requirement of prior authorisation in the Member State in which the service is provided
   Operative part of the judgment
   National rules whereby a Member State makes the granting of credit on a commercial basis, on national territory, by a company established in a non-member country subject to prior authorisation, and which provide that such authorisation must be refused, in particular, if that company does not have its central administration or a branch in that territory, affect primarily the exercise of the freedom to provide services within the meaning of Article 49 EC et seq. A company established in a non-member country cannot rely on those provisions.
   
      (1)  OJ C 6, 08.01.2005.