Mobility
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.

ECGI Working Papers
	Shareholder Mobility in Five European Countries Christoph Van der Elst, CCL and Tilec - Tilburg University, Financial Law Institute - Ghent University and ECGI (ECGI Law Series 104/2008) April 2008
	How Does Corporate Mobility Affect Lawmaking? A Comparative Analysis William Bratton, Georgetown University Law Center and ECGI, Joseph McCahery, University of Amsterdam, Tilburg University and ECGI, Erik Vermeulen, Tilburg University, Philips International B.V. (ECGI Law Series 091/2008) January 2008
	Where Do Firms Incorporate? Deregulation and the Cost of Entry Marco Becht, ECARES and ECGI, Colin Mayer, Said Business School, University of Oxford, CEPR and ECGI, and Hannes Wagner, London Business School and and University of Munich (ECGI Law Series 070/2006) Revised August 2007
	Who Should Make Corporate Law? EC Legislation versus Regulatory Competition John Armour, Faculty of Law, University of Cambridge; Centre for Business Research, University of Cambridge (ECGI Law Series 054/2005) June 2005
	Race to the Top or Bottom? Corporate Governance, Freedom of Reincorporation and Competition in Law Zsuzsanna Fluck, Michigan State University and The William Davidson Institute, and Colin Mayer, University of Oxford and ECGI (ECGI Finance Series 090/2005) July 2005
	Beyond Competition for Incorporations Ehud Kamar, University of Southern California Law School (ECGI Law Series 042/2005) May 2005
	The Societas Europaea: a network economics approach Stefano Lombardo, School of Economics and Management - Free University of Bozen/Bolzano and Piero Pasotti, University of Siena Department of Economics (ECGI Law Series 019/2004) January 2004
	The Transfer of the Company's Seat in European Company Law Eddy Wymeersch, Universiteit Gent - Department of Business Law (ECGI Law Series 008/2003) March 2003
	Firms' Decisions where to Incorporate Lucian Bebchuk, Harvard Law School and Alma Cohen, National Bureau of Economic Research (NBER) (ECGI Finance Series 003/2002) October 2002
Other sources
	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

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 stefano.lombardo@unibz.it 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.