EU Corporate Law

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Daily Mail PLC (1988)
- Unlike natural persons, companies are creatures of national law, which exist by virtue of the varying national legislation which determines their incorporation and functioning.
- Article 49 & 54 TFEU do not confer companies incorporated under the law o
1 of 5
Centros (1999)
- Refusal to register a branch of a company duly established in another MS is against Article 49 & 54 TFEU.
However, measures to prevent fraud are permitted, as long as they are:
- Non discriminatory;
- Justified in the general interest;
- Suitable for s
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Überseering (2002)
Facts: Dutch company with management and control office in Germany. Germany company contract resulted in non-performance and took German company to German courts. German law indicated no legal capacity of Dutch company until it had been reincorporated in
3 of 5
Inspire Art (2003)
Facts: UK company with NL headquarters did not conduct business in UK, only the NL. Foreign lex societatis was admittedly selected to circumvent Dutch law minimum capital and formation requirements. Dutch Commerce Chamber claimed undue registration of the
4 of 5
Cartesio
Article 49 & 54 TFEU permits MS to prohibit a seat transfer while the company retains the status of a company with the applicable law of that incorporation MS
5 of 5

Other cards in this set

Card 2

Front

Centros (1999)

Back

- Refusal to register a branch of a company duly established in another MS is against Article 49 & 54 TFEU.
However, measures to prevent fraud are permitted, as long as they are:
- Non discriminatory;
- Justified in the general interest;
- Suitable for s

Card 3

Front

Überseering (2002)

Back

Preview of the front of card 3

Card 4

Front

Inspire Art (2003)

Back

Preview of the front of card 4

Card 5

Front

Cartesio

Back

Preview of the front of card 5

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