It is apparent from EJC case-law that in order to ascertain whether national legislation falls within one or the other of the freedoms of movement, the purpose of the legislation at issue must be taken into consideration. If a national measure is designed to apply to holdings giving the holder a definite influence on the decisions of the company concerned and allowing him to determine its activities and such national measure has restrictive effects on the free movement of capital, such effects must be seen as an unavoidable consequence of the restriction on freedom of establishment. In such a case the principle of free movement of capital does not apply in respect of third countries. Johann Mühlehner comments on the impact of ECJ case-law on the application of the Austrian general misuse provision regarding share investments in third countries.