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Freedom Of Establishment For Companies In Europe Eu Eea
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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.
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 2017-12-01 with total page 158 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.
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:
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.
Book Synopsis The Four Freedoms of the European Common Market and their Meta-Level by :
Download or read book The Four Freedoms of the European Common Market and their Meta-Level written by and published by GRIN Verlag. This book was released on 2021-03-23 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2020 in the subject Business economics - Law, grade: 4,75 / 5, Vrije University Brussel, language: English, abstract: This text analyses why the Four European Freedoms are such important elements of the development of the EU. In our daily life it seems to be normal that we can travel from one European Member State to another without any passport or custom control; that we can live, work, study and do business everywhere in the EU. In every Member State at least more than two-thirds and overall 81% support the related Freedom of "Free Movement of Persons". The Freedom of Movement of Persons is one of the "Four Freedoms" that are fundamental for the EU.
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.
Book Synopsis Towards a Sustainable European Company Law by : Beate Sjåfjell
Download or read book Towards a Sustainable European Company Law written by Beate Sjåfjell and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a 'market for corporate control' as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight - and the innumerable recognitions that support it - this book is a timely and exciting new resource for lawyers and academics in 'both camps' those on the activist side of the issue, and those with company or official policymaking responsibilities.
Book Synopsis Free Movement of Companies in EU. by : Rabie AL Ali
Download or read book Free Movement of Companies in EU. written by Rabie AL Ali and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is not clear from Art 49 of the treaty on the functioning of European Union whether free movement of companies through primary establishment permissible or not; this is due to the absence of the treaty on the functioning of European Union from such freedom unlike the free movement of companies through secondary establishment that has a explicit provision in the treaty which guaranty such freedom. In addition to the ambiguous in the provisions of treaty about the free movement of companies through primary establishment; the state of the European Court of Justice in the interpretation of the articles of freedom of establishment is not stable because it was differ from the case to another. Daily Mail was the beginning, strict interpretation to the articles of freedom of establishment and its lead to denied the right of free movement of companies through primary establishment but this attitude of the European Court of Justice was change in subsequent cases Such as Centros, Überseering and Inspire. These cases paved the way to practicing the right of free movement of companies that establish inside the European Union through primary establishment by the recognition of this right from the European Court of Justice but Cartesio case opened the debate again and state that the on-going saga between denial and recognition does not end finally.
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.
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.
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.
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.
Book Synopsis European Companies' 'Mutilated Freedom'. From the Freedom of Establishment to the Right of Cross-Border Conversion by : Daniele Fabris
Download or read book European Companies' 'Mutilated Freedom'. From the Freedom of Establishment to the Right of Cross-Border Conversion written by Daniele Fabris and published by . This book was released on 2019 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the intricate relation between private international law and freedom of establishment within the EU, as well as the CJEU case-law on this issue. Articles 49 and 54 TFEU provide companies formed in accordance with the law of a Member State with the freedom to undertake their business in any other Member States. The relation between this freedom and the national rules on conflict of laws and of substantive company law, which are not fully harmonized within the EU, however, is an issue that has risen many concerns amongst academics and practitioners. Several cases, in fact, have shown that companies are often unable to enjoy this freedom due to private international law and national company law provisions. In this paper I argue that the CJEU interpretation of such provisions has de facto “mutilated” the freedom of establishment, reducing it to a more restricted right of cross-border conversion.
Book Synopsis The Polbud Judgment and the Freedom of Establishment for Companies in the European Union by : Simona Frazzani
Download or read book The Polbud Judgment and the Freedom of Establishment for Companies in the European Union written by Simona Frazzani and published by . This book was released on 2018 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present work provides a study of analysis of the EU Court of Justice’s Polbud judgment on the cross-border conversion. It has been commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee. This study focuses on the implications of the judgment for the freedom of establishment of companies across the EU, including the potential risk of “forum and tax shopping” as well as for the protection of creditors, minority shareholders and workers.
Book Synopsis The Contribution of Private International Law to the Freedom of Establishment for Companies in the European Union by :
Download or read book The Contribution of Private International Law to the Freedom of Establishment for Companies in the European Union written by and published by . This book was released on 2013 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Principle of Freedom of Establishment in EU : Identifying and Tackling the Use of Letterbox Companies by : O. Neokleous
Download or read book The Principle of Freedom of Establishment in EU : Identifying and Tackling the Use of Letterbox Companies written by O. Neokleous and published by . This book was released on 2020 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this study is to analyse the use and establishment of letterbox companies pursuant to the principle of freedom of establishment and the exploitation of the loopholes in the different legal systems of the EU member states to reduce their taxes due and maximise their profits. Through the years the facilitation of the letterbox companies has been achieved based on the right of establishment, on the residency concept (i.e. incorporation or real seat theory) and on the inconsistency in the judgments of the European Court of Justice regarding the letterbox companies and their right of establishment within the European Union.
Book Synopsis Modernisation of European Company Law by : Antigoni Alexandropoulou
Download or read book Modernisation of European Company Law written by Antigoni Alexandropoulou and published by Bruylant. This book was released on 2022-12-31 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collective volume of studies on the recent legislative developments in European Company Law as well as on topical legal issues that affect companies but which have not been harmonized yet. The Mobility Directive has introduced important amendments to the cross border operations of companies while the Directive on the Digitalisation of Company Law has brought about changes in the setting up of businesses and the use of digital tools and processes throughout the lifecycle of companies. The authors present and thoroughly analyses in their studies the important aspects of these new provisions and the challenges they present in their implementation. The book further explores the future of EU Company Law in particular regarding sustainable corporate governance, director’s duties, letterbox companies and the possible harmonization of the rules regulating groups of companies in the EU. All legal issues are presented very comprehensively and the authors who are academics and legal practitioners are shedding light on complicated legal questions in a very clear way.
