Can firms freely choose their place for corporation and thus the applicable law? And is it possible that a firm can subsequently reincorporate in another country, with the effect of a change of the law applicable to this country?
In the European Union, the answer to these questions has to consider the impact of the freedom of establishment and the corresponding case law of the Court of Justice. Beyond some general principles, there is, however, considerable diversity between the laws of Member States. Thus, this book aims to provide an up-to-date analysis of this important area of law for all Member States. It is based on a comprehensive study, produced for the European Commission, on the private international law of companies in the European Union.