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11(1)A service provider is “established” in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—
(a)effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and
(b)is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union.
(2)The presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider.
(3)Where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to that service.
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