The European Corporate Governance Institute
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The freedom of establishment for the companies within the EU is of particular importance under European law. The “incorporation theory” and the “real state theory” represent two different European Company law systems, and are the basis of the controversy relating to the freedom of establishment.

The European Court of Justice (ECJ) has had occasion to rule in a number of recent cases.

In this section of the ECGI website, there are links to the most relevant ECJ cases, ECGI research and other appropriate material on this subject.

Comment by ECGI Fellow, Theodor Baums in the 1 October 2003 edition of the Frankfurter Allgemeine Zeitung (FAZ)
Official documents
Jurisprudence of the European Court of Justice
Academic debate
A Comparative Bibliography: Regulatory Competition on Corporate Law by Kagan Kocaoglu, Ankara University - Business Administration (Georgetown Law Working Paper)

These pages have been prepared by Dr Stefano Lombardo, Assistant Professor of Economic Law at the University of Bozen-Bolzano. If you have references to any article or book that you believe may be relevant to this topic, please send the details to Stefano Lombardo at Ideally the references should be in English, French or German.

Alternatively, join in a discussion and online debate with academics and practitioners through the ECGI List.