This book summarizes the discussion and perspectives
of European company law after the far-reaching
decisions of the European Court of Justice ("Daily
Mail", "Centros", "Überseering", and "Inspire Art").
It describes these cases and shows their impact on
the underlying legal doctrines, the incorporation
theory and the real seat theory. A significant focus
of the thesis is the issue of foreign companies
transferring their seat to Germany. To illustrate
the recent attempts to avoid national company laws
by incorporating in another Member State, the
example of a British Limited Liability Company
operating in Germany is analyzed in some detail. The
thesis ends with a general perspective on these
significant developments of European company law and
the established German doctrine.
of European company law after the far-reaching
decisions of the European Court of Justice ("Daily
Mail", "Centros", "Überseering", and "Inspire Art").
It describes these cases and shows their impact on
the underlying legal doctrines, the incorporation
theory and the real seat theory. A significant focus
of the thesis is the issue of foreign companies
transferring their seat to Germany. To illustrate
the recent attempts to avoid national company laws
by incorporating in another Member State, the
example of a British Limited Liability Company
operating in Germany is analyzed in some detail. The
thesis ends with a general perspective on these
significant developments of European company law and
the established German doctrine.