Sources of Law

Articles 20 - 21 TFEU about EU Citizenship

Articles 45 - 48 TFEU about Free Movement of Workers

Regulation 492/2011 on freedom of movement for workers within the Unionhttps://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490090448045&uri=CELEX:32011R0492

Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member Stateshttps://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32004L0

Please use releavnt case law to answer this question EU LAW KNOWLEDGE !!! USE THE IRAC STRUCTURE I Want long answers for this question. ISSUE RULE APPLICATION AND CONCLUSION

Consider the following scenario: Mr Rossi, an Italian businessman, would like to set up a limited liability company in Italy. However, he soon realises that, in order to do so, he would have to provide a minimum share capital of 1,000. He finds out that setting up the company in Malta would be much cheaper, since maltese law only requires a minimum capital of 1 and less onerous registration procedures than Italian law does. Therefore Mr Rossi sets up his company in Malta. However, the company then opens a branch in Italy and carries out its actual business activity from this branch. The competent Italian authority decides that formally foreign companies that conduct all their activities in Italy via a branch, must adhere to Italian rules on minimum share capital of 1,000, in order to protect creditors. Advise Mr Rossi on his rights under EU law