Centros - Some Realities and Some Mysteries

American Journal of Comparative Law

Volumn 48, Issue 4, 2000, Pages 623-

  Ebke, Werner F ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0347116339     PISSN: 0002919X     EISSN: None     Source Type: Journal    
DOI: 10.2307/840909     Document Type: Article

References (5)

1. Case C-212/97 - Centros Ltd. v. Erhvervs-og Selskabsstyreisen, [1999] ECR I-1459; [1999] 2 C.M.L.R. 551.
2. Article 43 of the EC Treaty reads as follows: Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the country where such establishment is effected, subject to the provisions of the Chapter relating to capital.
3. Article 48 of the EC Treaty reads as follows: Companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community shall, for the purposes of this Chapter, be treated in the same way as natural persons who are nationals of Member States. "Companies or firms" means companies or firms constituted under civil or commercial law, including cooperative societies, and other legal persons governed by public or private law, save for those which are non-profit-making.
4. Wymeersch, "Centros: A Landmark Decision in European Company Law," in Theodor Baums, Klaus J. Hopt & Norbert Horn (eds.), Corporations, Capital Markets and Business in the Law. Liber Amicorum Richard M. Buxbaum 629 (2000).
5. Zimmer, "Mysterium 'Centros'," 164 ZHR 23 (2000).