Libertad de enseñanza y libertad de establecimiento (art. 49 TFUE)

STJUE de 2 de febrero de 2023, asunto C‑372/21, Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR. The document examines the implications of Article 49 TFEU on freedom of teaching and establishment, focusing on a case involving Austrian educational support law and a private educational institution affiliated with the Seventh-Day Adventist Church. It highlights the European Court of Justice's stance on the compatibility of national laws with EU principles, particularly regarding public funding to private educational institutions affiliated with religious organizations not officially recognized under national law. This case underscores the nuanced balance between member states' autonomy in education policy and the overarching principles of the EU, including market freedoms and non-discrimination, setting a precedent for the intersection of religious freedom, education, and establishment rights within the EU.