Freedom Of Establishment For Companies In The European Union

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

Author : Iris Wuisman
Publisher :
ISBN 13 : 9789492766557
Total Pages : 136 pages
Book Rating : 4.7/5 (665 download)

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Book Synopsis Freedom of Establishment for Companies in Europe (EU/EEA). by : Iris Wuisman

Download or read book Freedom of Establishment for Companies in Europe (EU/EEA). written by Iris Wuisman and published by . This book was released on 2019 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Freedom of Establishment for Companies in the European Union

Author : Péter Metzinger
Publisher :
ISBN 13 : 9789632950471
Total Pages : 206 pages
Book Rating : 4.9/5 (54 download)

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Book Synopsis Freedom of Establishment for Companies in the European Union by : Péter Metzinger

Download or read book Freedom of Establishment for Companies in the European Union written by Péter Metzinger and published by . This book was released on 2009 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oxford Handbook of European Union Law

Author : Anthony Arnull
Publisher : Oxford University Press
ISBN 13 : 0191653055
Total Pages : 950 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of European Union Law by : Anthony Arnull

Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

The Company Law in the European dimension

Author : Diana Druta
Publisher : Diana Druta
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Company Law in the European dimension by : Diana Druta

Download or read book The Company Law in the European dimension written by Diana Druta and published by Diana Druta. This book was released on 2014-12-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Adriaan F.M. Dorresteijn et al.
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532246
Total Pages : 377 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis European Corporate Law by : Adriaan F.M. Dorresteijn et al.

Download or read book European Corporate Law written by Adriaan F.M. Dorresteijn et al. and published by Kluwer Law International B.V.. This book was released on 2022-07-26 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Prohibition of Abuse of Law

Author : Rita de la Feria
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316565
Total Pages : 662 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Prohibition of Abuse of Law by : Rita de la Feria

Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

Freedom of Establishment and Private International Law for Corporations

Author : Paschalis Paschalidis
Publisher : OUP Oxford
ISBN 13 : 0191638137
Total Pages : 334 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Freedom of Establishment and Private International Law for Corporations by : Paschalis Paschalidis

Download or read book Freedom of Establishment and Private International Law for Corporations written by Paschalis Paschalidis and published by OUP Oxford. This book was released on 2012-03-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The EU at a Crossroads

Author : Despina Anagnostopoulou
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443893498
Total Pages : 310 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis The EU at a Crossroads by : Despina Anagnostopoulou

Download or read book The EU at a Crossroads written by Despina Anagnostopoulou and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together experienced Professors and PhD researchers from all over Europe to summarise the crucial dilemmas that the European Union has to confront during its current multilevel crisis. The chapters are organized into four parts. The first section deals with constitutional issues of the EU, namely multilevel democratic governance, gender equality, and participatory democracy, and the impact of the crisis on them. The second analyses public governance issues, with reference to urban planning as a new policy for the EU, state aid and privatization of public companies, corporate governance principles for public companies, and EU case law on freedom of establishment of companies. The third part discusses certain issues of the EU internal market and external trade, namely the Europeanisation of labour relations, the relation between EU environmental law and international agreements, the dilemma between regionalism and multilateralism in international trade law, and the Eurasian Economic Union. The fourth section explores the Eurozone crisis from different perspectives and areas, namely political philosophy, economics, political science, administrative science, and law.

Introduction to European Union internal market law

Author :
Publisher : Roma TrE-Press
ISBN 13 : 8894885518
Total Pages : 173 pages
Book Rating : 4.8/5 (948 download)

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Book Synopsis Introduction to European Union internal market law by :

Download or read book Introduction to European Union internal market law written by and published by Roma TrE-Press. This book was released on 2017-12-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).

EU Law and the Harmonization of Takeovers in the Internal Market

Author : Thomas Gr. Papadopoulos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041137408
Total Pages : 280 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Law and the Harmonization of Takeovers in the Internal Market by : Thomas Gr. Papadopoulos

Download or read book EU Law and the Harmonization of Takeovers in the Internal Market written by Thomas Gr. Papadopoulos and published by Kluwer Law International B.V.. This book was released on 2010-08-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing the Takeover Bid Directive in light of EU Law, this important monograph examines the extent to which the Directive facilitates the exercise of the fundamental freedom of establishment and the free movement of capital in the internal market. The analysis begins with a discussion of the fundamental freedom of establishment of companies, as well as of the legal bases for the harmonization of company law and capital markets law at the EU level. Additionally, the significance of corporate mobility and of the freedom of establishment case law of the European Court of Justice for the takeover process is analysed. The author shows that, far from achieving market integration in the field of EU company law, the Takeover Bid Directive is a compromise resulting from the very different legal and policy approaches of the Member States in the field of takeover regulation. Although some provisions of the Directive are obligatory for all Member States, two key provisions have been made optional: the non-frustration rule, which requires a board of directors to obtain the prior authorization of a general meeting of shareholders before taking any action that could result in the frustration of the bid; and the breakthrough rule, which restricts significant transfer and voting rights during the time allowed for acceptance of the bid.

The European Company Law Action Plan Revisited

Author : Koen Geens
Publisher : Leuven University Press
ISBN 13 : 9058678059
Total Pages : 377 pages
Book Rating : 4.0/5 (586 download)

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Book Synopsis The European Company Law Action Plan Revisited by : Koen Geens

Download or read book The European Company Law Action Plan Revisited written by Koen Geens and published by Leuven University Press. This book was released on 2010 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The harmonization of company law has always been on the agenda of the European Union. Besidesthe protection of third parties affected by business transactions, the founders had two other objectives: first, promoting freedom of establishment, and second, preventing the abuse of such freedom. The European Commission issued its Company Law Action Plan in 2003. In this volume researchers of the Jan Ronse Institute for Company Law of the Katholieke Universiteit Leuven present five chapters on the main priorities of the Action Plan: capital and creditor protection,corporate governance, one share one vote, financial reporting, and corporate mobility. The book also includes responses and ensuing discussions by reputed European company law experts.

The Transfer of the Company Seat Within the European Union

Author : Tamás Szabados
Publisher :
ISBN 13 : 9789633121443
Total Pages : 253 pages
Book Rating : 4.1/5 (214 download)

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Book Synopsis The Transfer of the Company Seat Within the European Union by : Tamás Szabados

Download or read book The Transfer of the Company Seat Within the European Union written by Tamás Szabados and published by . This book was released on 2012 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Company Law and Economic Protectionism

Author : Ulf Bernitz
Publisher : Oxford University Press
ISBN 13 : 0199591458
Total Pages : 392 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Company Law and Economic Protectionism by : Ulf Bernitz

Download or read book Company Law and Economic Protectionism written by Ulf Bernitz and published by Oxford University Press. This book was released on 2010-12-23 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays examining the conflict between EU law and company law, covering a broad range of topics including takeovers, mergers and restructuring, sovereign wealth funds, and proportionality of ownership and control.

Free Movement of Persons in the Enlarged European Union

Author : Nicola Rogers
Publisher : Sweet & Maxwell
ISBN 13 : 0414023072
Total Pages : 774 pages
Book Rating : 4.4/5 (14 download)

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Book Synopsis Free Movement of Persons in the Enlarged European Union by : Nicola Rogers

Download or read book Free Movement of Persons in the Enlarged European Union written by Nicola Rogers and published by Sweet & Maxwell. This book was released on 2012 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a detailed analysis of each provision of European Law that bears on free movement of persons and shows how the provisions have been interpreted by the European Court of Justice.

Freedom of Movement for Companies Within the EU

Author : Jenny Haberer
Publisher : Grin Publishing
ISBN 13 : 9783640736362
Total Pages : 0 pages
Book Rating : 4.7/5 (363 download)

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Book Synopsis Freedom of Movement for Companies Within the EU by : Jenny Haberer

Download or read book Freedom of Movement for Companies Within the EU written by Jenny Haberer and published by Grin Publishing. This book was released on 2010-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2007 in the subject Business economics - Law, grade: 2,3, Anglia Ruskin University, language: English, abstract: The way towards a single European Market is still blocked with obstacles in regard of free movement and establishment of companies. Unresolved issues remain, due to lack of harmonisation in law. The parallel existence of the Incorporation Theory and the Real Seat approach is accepted and manifested in the EC Treaty. Court's judgments for four particular cases are discussed. A harmonised legal framework is essential for the success and continuity of the Union in the future.

Direct Investment, National Champions and EU Treaty Freedoms

Author : Frank S Benyon
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315984
Total Pages : 166 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Direct Investment, National Champions and EU Treaty Freedoms by : Frank S Benyon

Download or read book Direct Investment, National Champions and EU Treaty Freedoms written by Frank S Benyon and published by Bloomsbury Publishing. This book was released on 2010-08-20 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the EU, the legal dimension of trade in goods and, more recently, of trade in services have gained clear contours. This is less true for cross-border direct investments. Within the system of the fundamental freedoms, cross-border direct investments may fall within the scope of the freedom of establishment (Art 49 TFEU, 43EC), the free movement of capital (Art 63 TFEU, 56EC) and sometimes the freedom to provide services (Art 56 TFEU, 49EC). The free movement of capital has been the last fundamental freedom to be endowed with direct effect. The investment potential of Sovereign Wealth Funds makes this a very topical subject. The ECJ has started to develop the full potential of the free movement of capital and the freedom of establishment only recently. This has raised a number of important new questions, including how the two freedoms relate to each other, and how to balance the individuals' rights to market access with the Member States' competence to regulate in the public interest. In particular, the use of state measures to protect strategic or alleged public interests selectively, or to foster national champions, will be considered. Under settled case law, it suffices that a measure renders the exercise of the freedom 'less attractive' to find an infringement of the free movement rules. Potentially this opens the door for a broad review of the appropriateness of all non-harmonised mandatory rules contained in general national laws. There is also a general question of when free movement of capital and freedom of establishment may have horizontal effect, a matter raised by the Viking case. Horizontal application of the fundamental freedoms could lead to the exercise of control over private arrangements in many areas, including company law if they have a tendency to impede, or dissuade, market access by investors from other Member States. The particular situation of third country investors also has to be considered, insofar as they may benefit from the free movement of capital but not from the establishment and services freedoms. Recent developments in EU company law are discussed, notably those concerning simple cross-border relocation of businesses as well as those regulating take-over and mergers. Overall the book analyses the role of the market and the role of the state with regard to direct investment, delineates the competences of the EU and the Member States in this field and places the debate in the larger context of international direct investment. Focussing on recent developments, cases and debates, the book also looks at the changes made to the applicable rules by the Treaty of Lisbon, including the inclusion of foreign direct investment into the Community's trade policy, thus providing an overview of this cutting-edge issue and a reflection on the rationales that should guide the evolution of this field of law. This title is included in Bloomsbury Professional's International Arbitration online service.

EU Freedoms, Non-EU Countries and Company Taxation

Author : D.S. Smit
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041140743
Total Pages : 822 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis EU Freedoms, Non-EU Countries and Company Taxation by : D.S. Smit

Download or read book EU Freedoms, Non-EU Countries and Company Taxation written by D.S. Smit and published by Kluwer Law International B.V.. This book was released on 2012-06-01 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today’s environment of largely globalizing national economies, international economic integration does not stop at the frontiers of the European Union. Many non-EU-based enterprises are carrying on business in the European Union through the operation of branches or subsidiaries established in EU Member States, and a large number of EU-based enterprises maintain a diversified range of investments outside the Union. Accordingly, in both inward and outward investment relationships, ‘economic openness’ is key nowadays. This legal relationship between EU Member States and the EU as a whole vis-à-vis the rest of the world is the starting point of this book. The author analyses the ‘freedom of investment’ concept between EU Member States and non-EU States under EU law, and specifically its effect on company taxation regimes, from the perspective of multinational enterprises. Focusing on the impact of the Treaty freedoms and international integration agreements on relations with non-EU Member States, this work is the first to specifically address the all-important issue: Under which circumstances can investment-related rights deriving from EU law be invoked by companies established in non-EU states? The analysis identifies the impact of the EU Treaty freedoms on six basic corporate income tax themes that are of particular interest for multinational enterprises: limitation on the deduction of interest expenses; withholding taxes on dividend, interest, and royalty payments; relief for double taxation of income received from foreign investments; CFC legislation; non-deduction of foreign losses from the domestic taxable base; and company taxation upon the transnational transfer of business assets.