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Centros, Uberseering and beyond: a European recipe for corporate migration: Part 2
journal contribution
posted on 2023-06-08, 09:42 authored by Paul OmarThis, the second part of a series of articles on the cross border migration of companies, examines the practical implications of the Advocate General's Opinion and the European Court of Justice's decision in Uberseering BV v NCC Nordic Construction Co Baumanagement GmbH (C-208/00), concerning the validity of the "real seat" doctrine to determine a company's legal standing and its compatibility with the right to freedom of establishment under the EC Treaty Arts.43 and 48. Notes the background to the case, including the court's decision in Centros Ltd v Erhvervs-og Selskabsstyrelsen (C-212/97), its practical consequences for mandatory national rules of company law and its scope for establishing a market for migratory incorporations in the EC (the Delaware effect). Comments on possible solutions which would ensure legal certainty, such as a harmonised EC company law.
History
Publication status
- Published
Journal
International Company and Commercial Law ReviewISSN
0958-5214Issue
1Volume
16Page range
18-27Pages
10.0Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2012-02-06Usage metrics
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