Abstract
This work is intended to provide a deep analysis of the last judgment of the European Court of Justice concerning the freedom of establishment of companies. This right dates back to the Treaty establishing the European Economic Community but it still has to be fully and effectively enforced. The fundamental importance of the decision of the ECJ in the Cartesio case is evident when considering the key role played by the ECJ in the effective and full implementation of the freedom of establishment of companies with the hard task to find a remedy to the inactivity of the European law maker. The results of the analysis clearly show that, notwithstanding the immense efforts of the ECJ in interpreting the rules of the Treaty, an active initiative of the European law maker can not be postponed anymore.