Free Movement of Companies in EU

It is not clear from Art 49 of the treaty on the functioning of European Union whether free movement of companies through primary establishment permissible or not; this is due to the absence of the treaty on the functioning of European Union from such freedom unlike the free movement of companies through secondary establishment that has a explicit provision in the treaty which guaranty such freedom. In addition to the ambiguous in the provisions of treaty about the free movement of companies through primary establishment; the state of the European Court of Justice in the interpretation of the articles of freedom of establishment is not stable because it was differ from the case to another. Daily Mail was the beginning, strict interpretation to the articles of freedom of establishment and its lead to denied the right of free movement of companies through primary establishment but this attitude of the European Court of Justice was change in subsequent cases Such as Centros, Überseering and Inspire. These cases paved the way to practicing the right of free movement of companies that establish inside the European Union through primary establishment by the recognition of this right from the European Court of Justice but Cartesio case opened the debate again and state that the on-going saga between denial and recognition does not end finally