Wykładnia terminu swoboda przedsiębiorczości (art. 13 ust. 1 ustawy z dnia 2 lipca 2004 r. O swobodzie działalności gospodarczej) w świetle wybranego
Interpretation of the term “Freedom of establishment” (article 2 item 1 of legal act dated on July the 2nd of 2004. On economic freedom) in the spiri

Summary/Abstract: Polish economic legislator in the art. 13 refers to the ”freedom of establishment”, which is a term taken from European legal system. There seems to be uniformity of judicial decision concerning many areas of referred freedom of establishment. Firs of all, it is emphasized in the jurisdiction that the economic interpenetration within the Community is to be on a stable basis. Moreover, it is underlined, that the Member States are to restrain from introducing to their legal systems any national measures that make it less attractive to exercise the European economic freedom. Freedom of establishment can be materialized as: 1. starting entrepreneurship in another Member State, 2. possibility to expand territorially economic activity by creation of branches (or other subsidiaries) 3. cross-border conversion of a company. The implementation of a cross-border conversion requires the consecutive application of two different national laws to that legal operation.

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