CELEX: 62012CA0474
Language: en
Date: 2014-09-04 00:00:00
Title: Case C-474/12: Judgment of the Court (Fifth Chamber) of 4 September 2014 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Schiebel Aircraft GmbH v Bundesminister für Wirtschaft, Familie und Jugend (Reference for a preliminary ruling — Freedom of establishment — Freedom of movement for workers — Non-discrimination — Article 346(1)(b) TFEU — Protection of a Member State’s essential security interests — Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State)

10.11.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 395/5
            
         
      Judgment of the Court (Fifth Chamber) of 4 September 2014 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Schiebel Aircraft GmbH v Bundesminister für Wirtschaft, Familie und Jugend
      (Case C-474/12) (1)
      
      ((Reference for a preliminary ruling - Freedom of establishment - Freedom of movement for workers - Non-discrimination - Article 346(1)(b) TFEU - Protection of a Member State’s essential security interests - Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State))
      (2014/C 395/06)
      Language of the case: German
      
         Referring court
      
      Verwaltungsgerichtshof
      
         Parties to the main proceedings
      
      
         Applicant: Schiebel Aircraft GmbH
      
         Defendant: Bundesminister für Wirtschaft, Familie und Jugend
      
         Operative part of the judgment
      
      Articles 45 TFEU and 49 TFEU must 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, must hold the nationality of that Member State. It is for the national court, however, to verify whether the Member State which, in order to justify that legislation, relies on the derogation allowed under Article 346(1)(b) TFEU is able to show that such derogation is necessary in order to protect its essential security interests.
      
         (1)  OJ C 26, 26.1.2013.