УТВЪРЖДАВАНЕ И ПРЕДЕЛИ НА СВОБОДАТА НА УСТАНОВЯВАНЕ НА ДРУЖЕСТВАТА СПОРЕД ПРАКТИКАТА НА СЪДА НА ЕВРОПЕЙСКИЯ СЪЮЗ
THE AFFIRMATION AND LIMITS OF THE FREEDOM OF ESTABLISHMENT OF COMPANIES ACCORDING THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Summary/Abstract: This paper explores the evolution of the ECJ`s case law with regard to the cross-border transfer of the registered office of companies incorporated in one Member State to another Member State. After a definition of the companies` reasons to leave the home-state, and after a careful analysis of the obstructions that they faced, the study focuses on the approach taken by the Court to define the scope of the freedom of establishment and in particular its applicability to cross-border restructuring operations . Finally, the attention has been paid to the allowed restrictions and to the conditions that Member States must fulfill in order, the restrictive measures, adopted by them, to be recognized as compatible with the rules of the Internal Market and in particular with Article 49 TFEU.

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