24Should that legislation have restrictive effects on the free movement of capital, those effects would be the unavoidable consequence of such an obstacle to freedom of establishment as there might be, and do not therefore justify an independent examination of that legislation from the point of view of Article 56 EC (see, to that effect, Case C-36/02 Omega [2004] ECR I-9609, paragraph 27; Cadbury Schweppes and Cadbury Schweppes Overseas, paragraph 33; and Test Claimants in the Thin Cap Group Litigation, paragraph 34).
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