30In the second place, as regards the arrangements for ex post control, the Court has already held that such a scheme must be assessed only under Article 43 EC since it relates to decisions within the scope of the management of the company and therefore concerns only those shareholders capable of exerting a definite influence on it. Moreover, even if the effects of such a scheme are restrictive of the free movement of capital, those effects would be the unavoidable consequence of any restriction on freedom of establishment and would not warrant independent examination in the light of Article 56 EC (Case C-326/07 Commission v Italy [2009] ECR I-2291, paragraph 39).
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