82In the present case, the Federal Republic of Germany has not indicated why the considerations relating to the obstacle to the freedom of establishment prohibited in Article 49 TFEU and its lack of justification cannot be transposed mutatis mutandis to Article 31 of the EEA Agreement. In those circumstances, it is appropriate to take the view that the Commission’s head of claim alleging infringement of Article 31 of the EEA Agreement is also well founded.
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