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The mysteries of freedom of establishment after Cartesio

By Carsten Gerner-Beuerle and Michael Schillig

Abstract

The judgment of the European Court of Justice in Cartesio was eagerly awaited as a clarification of the questions concerning the scope of the right of establishment (articles 49, 54 Treaty on the Functioning of the European Union (TFEU), (ex-articles 43, 48 EC) that remained after previous landmark decisions such as Centros, √úberseering, and Inspire Art. This article analyses the implications of Cartesio in light of different scenarios of transfer of the registered and the real seat within the European Union. It assesses the interrelations of right of establishment and private international law rules for the determination of the law applicable to companies and concludes that the case law of the European Court of Justice after Cartesio, rather than providing for a coherent system of European company law, leads to arbitrary distinctions and significantly impedes the free movement of companies

Topics: K Law (General)
Publisher: Cambridge University Press for the British Institute of International and Comparative Law
Year: 2010
DOI identifier: 10.1017/S0020589310000035
OAI identifier: oai:eprints.lse.ac.uk:28131
Provided by: LSE Research Online

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