Commercial Law within European Union

As a part of the European integration project from the beginning, the building of a European Internal Market (European Single Market, Common Market) has always been one of the primary objectives of the European Union (hereinafter shall be referred as “EU”). Article 26(2) Treaty on the Functioning of the European Union (hereinafter shall be referred as “TFEU”) defines the internal market as ‘an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties’. In order to understand this definition, the meaning of the four freedoms have to be understood since they are the core of the internal market. The right to freedom of the movement is guaranteed to all EU citizens by the article 21 of the TFEU. The basic provisions laying down these freedoms are Article 34-35 TFEU for the free movement of goods, Article 45 TFEU for the free movement of workers, Article 49 TFEU for the freedom of establishment, Articles 56 and 57 TFEU for the freedom to provide services, and Article 63 TFEU for the freedom of capital. These freedoms are the cornerstones of the internal market. Thus, it is important to determine whether the case is related to goods, services or other freedoms while treating a case is with a free movement aspect.