Corporate Mobility in Private International Law and European Community Law: Debunking Some Myths

Summary:

This article discusses corporate mobility in private international law and European Community law. The aim of this article is to examine corporate mobility from a private international law perspective and a European Community law perspective.

The article first considers the conflict of law theories for companies. It looks at the rationale behind these theories and the longstanding dichotomy between incorporation States and real seat States. Following, the article considers corporate mobility in the European Community context. It also examines important case law of the European Court of Justice (ECJ) in this area. Lastly, the article concludes with an overall assessment of the extent to which obstacles to cross-border mobility have been eliminated as a result of Community law.

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