Freedom of establishment guaranteed by Article 49 TFEU and free movement of capital guaranteed by Article 63 TFEU were violated, as well as a freedom to conduct business enshrined in Article 16 of the Charter, a right to an effective remedy and to a fair trial enshrined in Article 47 of the Charter and presumption of innocence enshrined in Article 48 of the Charter.   There have never been a dispute that EU law is relevant to the assessment of the lawfulness of the Decrees. The Commission, the Government had an obligation to apply EU law due to both (i) the factual circumstances (three of the four applicants are Estonian economic entities, directly or indirectly operating in another EU Member State – Lithuania) and (ii) the law (Article 1(4) of the Law on National Security).   The Government, the Commission and LG did not provide a single argument neither in their procedural documents nor during the court hearings, which could substantiate that the restrictions imposed on freedom of establishment and free movement of capital might be justified.   Neither the Commission, nor the Government have considered that restrictions of freedom of establishment and free movement of capital and freedom of movement imposed by the decisions could not be justified, because: (i) the alleged threat to national security was invoked only formally; (ii) the restrictions imposed are disproportionate; (iii) the procedure laid down in the National Security Law itself is contrary to EU law.   Decrees and Resolution impose restrictions on freedom of establishment and free movement of capital despite the fact that no real and sufficiently serious threat to national security interests exist

(ex Article 43 TEC)

Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.

Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 54, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.

http://economics-konspect.org/?content=9725

Как противовес теории оседлости.

http://flatik.ru/evropejskoe-korporativnoe-pravo-svoboda-peremesheniya-kompanij-index-1