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.
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.
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 firstname.lastname@example.org 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