Judgment of the Court

of 22 February 2002

in Case E-2/01: Dr Franz Martin Pucher

Right of establishment - Residence requirement for at least one board member of a domiciliary company

(2002/C 115/06)

In Case E-2/01: Dr Franz Martin Pucher - Request to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Verwaltungsbeschwerdeinstanz des Fürstentums Liechtenstein (/Administrative Court of the Principality of Liechtenstein) for an Advisory Opinion in the appeal by Dr Franz Martin Pucher against the decision of the Government of the Principality of Liechtenstein on the interpretation of Articles 4, 31 and 33 of the EEA Agreement, the Court, composed of: Thór Vilhjálmsson, President, Carl Baudenbacher and Per Tresselt (Judge-Rapporteur), Judges, gave an Advisory Opinion on 22 February 2002, the operative part of which is as follows:

1. A provision of the national law of an EEA State, such as that at issue in the main proceedings, requiring that at least one member of the board of directors of a domiciliary company, having authority to manage and represent same, must be permanently residing in that State, constitutes a restriction on the freedom of establishment within the meaning of Article 31 EEA.

2. Such a national provision cannot be justified on grounds of public policy and/or public security within the meaning of Article 33 EEA.