By Raphaël MORENON
5 May 2025
The free movement of capital and payments is one of the four fundamental freedoms guaranteed by the European Union Treaties. This freedom is often overlooked by businesses and individuals, yet it plays a decisive role in the smooth running of the European internal market. Our firm regularly observes situations where this freedom is hampered by national regulations that sometimes conflict with European law. This article sets out the essential principles of this freedom of movement, its scope and the permitted exceptions. What is the free movement of capital and payments? Definition and historical development of the principle The free movement of capital is the right of any person to make capital transfers and payments without unjustified restrictions, both between Member States and with third countries. This freedom covers a wide range of financial transactions, from property investments to bank transfers, and including the acquisition of shareholdings in...
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