Daily Mail and Centros
Impact of Judgments of European Court of Justice
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This book analysis the judgments of the ECJ in Daily Mail and Centros in the light of EC Law, showing that the ECJ reached contradictory opinions in substantively similar matters. In Daily Mail it was banned to move company s administration from one Member State to another while in Centros this transfer was considered lawful. Furthermore, according to some opinions the Delaware effect will soon occur in Europe. It means that laws of the Member States are drawn up to give companies possibility to be subject to the laws of the state which they consider most suitable or lenient for them. However,...
This book analysis the judgments of the ECJ in Daily Mail and Centros in the light of EC Law, showing that the ECJ reached contradictory opinions in substantively similar matters. In Daily Mail it was banned to move company s administration from one Member State to another while in Centros this transfer was considered lawful. Furthermore, according to some opinions the Delaware effect will soon occur in Europe. It means that laws of the Member States are drawn up to give companies possibility to be subject to the laws of the state which they consider most suitable or lenient for them. However, as determination of the nationality of a company differs in Member States the Delaware effect will probably not be as wide-ranging as it has been in the United States. Additionally, there are implications that the real seat doctrine may cease to exist in Europe. However, for the time being the doctrine has not been held being contrary to Community law. This book should be useful for legal professionals in company law field and students interested in EU company law field.
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