Freedom of Establishment and Private International Law for Corporations

Freedom of Establishment and Private International Law for Corporations
Author: Paschalis Paschalidis
Publisher: OUP Oxford
Total Pages: 334
Release: 2012-03-29
Genre: Law
ISBN: 0191638137

Download Freedom of Establishment and Private International Law for Corporations Book in PDF, Epub and Kindle

Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Corporations in Private International Law

Corporations in Private International Law
Author: Stephan Rammeloo
Publisher: Oxford University Press, USA
Total Pages: 404
Release: 2001
Genre: Business & Economics
ISBN: 9780198299257

Download Corporations in Private International Law Book in PDF, Epub and Kindle

This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.

Private International Law of Corporations

Private International Law of Corporations
Author: Dr. Maria Kaurakova
Publisher: Spiramus Press Ltd
Total Pages: 168
Release: 2017-11-10
Genre: Law
ISBN: 191015167X

Download Private International Law of Corporations Book in PDF, Epub and Kindle

This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.

Freedom of Establishment for Companies in Europe (EU/EEA).

Freedom of Establishment for Companies in Europe (EU/EEA).
Author: Iris Wuisman
Publisher:
Total Pages: 136
Release: 2019
Genre:
ISBN: 9789492766557

Download Freedom of Establishment for Companies in Europe (EU/EEA). Book in PDF, Epub and Kindle

This cahier provides an overview of the freedom of establishment, one of the four freedoms central to the European Union?s single market. The book first contextualizes corporate mobility within a broader economic discussion on market access before turning to the private international law dilemmas posed by legal entities moving across borders. Next, the foundational work done to include the freedom of establishment in EU legislation is explained. The book then presents the limitations that can be imposed on this freedom and the growing body of CJEU case law that has interpreted the scope of these limitations, thereby providing the contours of the freedom of establishment itself. The book subsequently delves into the mechanisms provided under EU secondary legislation to enable legal entities to exercise their freedom of establishment, focusing particularly on cross-border mergers and the Societas Europaea. The last chapters of the book are devoted to cross-border divisions and ongoing developments in European company law that are material to freedom of establishment, most notably the 2018 proposal for a legislative framework for cross-border divisions and cross-border conversions. 0While primarily targeted at students, we hope that this book will also be of interest to anyone who seeks to have a deeper understanding of the freedom of establishment of companies, the motivations for exercising this freedom and the mechanisms that can be used to do so.

The Company Law in the European dimension

The Company Law in the European dimension
Author: Diana Druta
Publisher: Diana Druta
Total Pages: 158
Release: 2017-12-01
Genre: Business & Economics
ISBN:

Download The Company Law in the European dimension Book in PDF, Epub and Kindle

The transfer of companies’ registered office about production activities of goods and services, it is an operation in which both the EU doctrine and case law have increasingly been converging during last decade. It matches to the phenomenon of company’s “localization” (and de-localization) as a strategic leverage for managing issues into European economic system. The practice is clearly recalling the companies’ freedom of establishment for economic reasons (and tax) as the engine of the European integration that guarantees to companies the way to survive to a global market and the possibility to develop their economic strategy as well as the greater competition with foreign companies.

European Corporate Law

European Corporate Law
Author: Adriaan F.M. Dorresteijn et al.
Publisher: Kluwer Law International B.V.
Total Pages: 377
Release: 2022-07-26
Genre: Law
ISBN: 9403532246

Download European Corporate Law Book in PDF, Epub and Kindle

This fully updated new edition provides an overview of the law regarding companies, business organizations, and capital markets in Europe, at both the European Union (EU) and Member State levels. It introduces the reader to the EU harmonization programme and describes how this has influenced corporate law in the various EU Member States. The authors describe common denominators as well as differences in the approach of national corporate laws. The authors highlight current and emerging trends in these areas of corporate law, including: the freedom of establishment of companies within the EU; the European harmonization process and Member States’ implementation of EU legislation; employee involvement in business organizations; the division of power between the different corporate bodies; the functioning and regulation of company groups; and cross-border business combinations, takeovers and restructuring tools. The laws of France, Germany and the Netherlands in particular are discussed and contrasted. This discussion also includes the United Kingdom, although no longer an EU Member State. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Fourth Edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems. It can also be used as a handbook for comparative corporate law courses.

EU Law Stories

EU Law Stories
Author: Fernanda Nicola
Publisher: Cambridge University Press
Total Pages: 661
Release: 2017-05-29
Genre: Law
ISBN: 1107118891

Download EU Law Stories Book in PDF, Epub and Kindle

This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.