20According to consistent case-law, in a case concerning a shareholding which gives its holder definite influence over the company's decisions and allows that holder to determine the company's activities, it is the provisions of the EC Treaty on the freedom of establishment that are to be applied (Case C-251/98 Baars [2000] ECR I-2787, paragraphs 21 and 22; Case C-436/00 X and Y [2002] ECR I-10829, paragraphs 37 and 66 to 68; Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 31; and Test Claimants in Class IV of the ACT Group Litigation, paragraph 39).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.