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Regulatory Competition in Company Law in the European Union after Cartesio

Published online by Cambridge University Press:  26 January 2010

Stefano Lombardo
Stefano Lombardo
Affiliation:
Assistant Professor of Economic and Business Law, School of Economics and Management, Free University of Bolzano (Italy), e-mail: stefano.lombardo@unibz.it, CRELE Associate (Center for Research in Law and Economics, School of Economics and Management, Free University of Bolzano) and ECGI Research Associate. I thank Peter Behrens and Federico Maria Mucciarelli for helpful comments on a preliminary version of this article. I am of course solely responsible for any omissions or mistakes.
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Abstract

In the Cartesio decision of December 2008, the European Court of Justice has legitimated the real seat theory for those Member States that require the presence of the administrative seat and the statutory seat in their territories as a condition for a company's valid formation. The Court, by an obiter dictum, has also put forward the idea that the transnational conversion is included in the freedom of establishment of Articles 43 and 48 as a form of international mobility. This article analyses the possible consequences of the Court's decision for regulatory competition in company law in Europe, taking into consideration both aspects.

Keywords

Cartesioregulatory competition in company lawEC freedom of establishmentEC mobility of companies
Type
Articles
Information
European Business Organization Law Review (EBOR) , Volume 10 , Issue 4 , December 2009 , pp. 627 - 648
Copyright
Copyright © T.M.C. Asser Press and the Authors 2009

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