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The Mysteries of Freedom of Establishment after Cartesio


Carsten Gerner-Beuerle


London School of Economics and Political Science

Michael Schillig


King's College London; King's College London – The Dickson Poon School of Law

February 11, 2009

International & Comparative Law Quarterly, Vol. 59, No. 2, 2010

Abstract:     
The judgement of the European Court of Justice in Cartesio was eagerly awaited as a clarification of the questions concerning the scope of the right of establishment (Articles 43, 48 EC) that remained after previous landmark decisions such as Centros, Uberseering, and Inspire Art. The article analyses the implications of Cartesio in light of different scenarios of transfer of the registered and the real seat within the European Union. It assesses the interrelations of right of establishment and private international law rules for the determination of the law applicable to companies and concludes that the case law of the European Court of Justice after Cartesio, rather than providing for a coherent system of European company law, leads to arbitrary distinctions and significantly impedes the free movement of companies.

Number of Pages in PDF File: 21

Keywords: right of establishment, incorporation theory, real seat theory, Cartesio, Centros, Uberseering

JEL Classification: K22

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Date posted: February 11, 2009 ; Last revised: November 26, 2013

Suggested Citation

Gerner-Beuerle, Carsten and Schillig, Michael, The Mysteries of Freedom of Establishment after Cartesio (February 11, 2009). International & Comparative Law Quarterly, Vol. 59, No. 2, 2010. Available at SSRN: http://ssrn.com/abstract=1340964

Contact Information

Carsten Gerner-Beuerle (Contact Author)
London School of Economics and Political Science ( email )
Houghton Street
London, WC2A 2AE
United Kingdom

Michael Schillig
King's College London ( email )
Strand
London, England WC2R 2LS
United Kingdom
King's College London – The Dickson Poon School of Law ( email )
Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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