21As regards, in the first place, the prior authorisation scheme at issue, it must be borne in mind that, according to settled case‑law, the national of a Member State with a holding in the capital of a company established in another Member State, allowing him to exert a definite influence on that company’s decisions and to determine its activities, is exercising his right of establishment (see, inter alia, Case C-212/09 Commission v Portugal [2011] ECR I-10889, paragraph 42 and the case‑law cited).
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