Section outline
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Learning Outcomes
- Student explains the principles and legal foundation of capital and payment movements.
- Student interprets Articles 63–66 TFEU in the context of liberalization of capital flows.
- Student analyzes examples of restrictions and their justifications in national legislation.
- Student assesses the relationship between free movement of capital and financial regulation.
Compulsory EU Law
- TFEU, Articles 63-66, 75, 143-144, 215, 345
- Case 203/80 Casati
- Case 286/82 and 26/83 Luisi and Carbone
- Case C-163/94, C-165/94 and C-250/94 Sanz de Lera
- Case C-101/05 Skatteverket
Task to Consider
Instructions for students (max. 300–400 words total):
Answer the following four short questions. Support your answers with references to the relevant Treaty provisions and case law.
- Question 1: Explain the difference between movements of capital and payments under EU law. Refer to Articles 63–66 TFEU and relevant case law.
- Question 2: Is a system of prior administrative authorisation for transferring money to another Member State compatible with EU law? Refer to Sanz de Lera and Casati.
- Question 3: Can Member States impose declaration or reporting obligations on cross-border cash payments? Refer to Luisi and Carbone and Skatteverket.
- Question 4: List two legitimate grounds on which restrictions on the free movement of capital may be justified under EU law.