Download this Paper Open PDF in Browser

The Mysteries of Freedom of Establishment after Cartesio

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

21 Pages Posted: 11 Feb 2009 Last revised: 26 Nov 2013

Carsten Gerner-Beuerle

University College London - Faculty of Laws

Michael Schillig

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

Date Written: February 11, 2009

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.

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

JEL Classification: K22

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: https://ssrn.com/abstract=1340964

Carsten Gerner-Beuerle (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
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

Paper statistics

Downloads
1,788
Rank
6,838
Abstract Views
5,334