Centros, Uberseering and beyond: a European recipe for corporate migration: Part 2

Omar, Paul (2005) Centros, Uberseering and beyond: a European recipe for corporate migration: Part 2. International Company and Commercial Law Review, 16 (1). pp. 18-27. ISSN 0958-5214

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Abstract

This, 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.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Paul Omar
Date Deposited: 06 Feb 2012 21:20
Last Modified: 06 Feb 2012 22:07
URI: http://srodev.sussex.ac.uk/id/eprint/30818
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