47Although it does not exclude from its scope situations coming within the scope of the freedom of establishment, that legislation covers investments carried out with a view to making a financial investment, without any intention to influence the management and control of the undertaking. It is therefore liable predominantly to affect the free movement of capital. Any restrictions on freedom of establishment resulting from that legislation are an inevitable consequence of the restriction of the free movement of capital and do not, therefore, justify an independent examination of that legislation in the light of Article 49 TFEU (see, to that effect, judgment of 16 December 2021, UBS Real Estate, C‑478/19 and C‑479/19, EU:C:2021:1015, paragraph 33 and the case-law cited).
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