Judgment_paragraph 45 · Ministero dello Sviluppo economico and Autorità per la vigilanza sui contratti pubblici di lavori, servizi e forniture v SOA Nazionale Costruttori — Organismo di Attestazione SpA (C-327/12)

45It should be noted that Article 49 TFEU precludes restrictions on the freedom of establishment. That provision prohibits any national measure which is liable to hinder or render less attractive the exercise by European Union nationals of the freedom of establishment guaranteed by the Treaty. The concept of restriction covers measures taken by a Member State which, although applicable without distinction, affect access to the market for undertakings from other Member States and thereby hinder intra-Community trade (see Case C-518/06 Commission v Italy [2009] ECR I-3491, paragraphs 63 and 64, and Case C‑577/11 DKV Belgium [2013] ECR, paragraphs 31 to 33).