Burgermenu-Close

YOUR
Search

    21.08.2024

    CJEU | Restriction of the Freedom of Establishment by Legislation on Applicable Law in Corporate Matters

    Art. 49 and 54 TFEU, Recital 2 of Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ 2019 L 321, p. 1), Art. 25 legge n. 218/1995, Art. 2381 (2) Codice civile (Italian Civil Code) 

    Articles 49 and 54 TFEU must be interpreted as precluding legislation of a Member State which provides generally for its national law to apply to the acts of management of a company established in another Member State but carrying on the main part of its activities in the first Member State.

    Click Here to read the document

     

    Article written by Flavia Trombetti (ADVANT Nctm) and Dr Tobias Pörnbacher (ADVANT Beiten).

    Print

    Cartabia Reform: An Assessment
    Two years after its entry into force, it is now possible to draw an initial asse…
    Read more
    Navigating artificial intelligence in international arbitration from the arbitrator’s viewpoint
    This contribution by Angelo Anglani, Partner at ADVANT Nctm, was published on AI…
    Read more
    Mediation in China as an Alternative Dispute Resolution Method
    Mediation in China as an Alternative Dispute Resolution Method / History and Rec…
    Read more
    Law firms Nctm and La Scala with UniCredit create UniQLegal, a joint-stock company between lawyers
    UniQLegal, www.uniqlegal.it,  is an innovative initiative created to meet some UniCredit Group’s specific needs for legal services, with particular regard to the management of disputes against banks and re…
    Read more
    Drafting techniques: from recent case-law contributions on risk of inadmissibility of deeds with the Supreme Court to the incentives under Ministerial Decree 37/2018
    The recent reforms addressing proceedings before the Supreme Court devote  a great deal of attention to drafting techniques, since the strengthening of procedural filters, in accordance with the “nomophyla…
    Read more
    The fate of debts and receivables in the company voluntarily wiped out
    A recent ruling of the Court of Rome stated that in case of voluntary winding-up of a company carried out during a proceeding introduced by the same company, it is presumed that this one has tacitly waived…
    Read more
    Precautionary protection of the right to honour and reputation in light of the principle of inadmissibility of precautionary measures equivalent to seizure of the press under Article 21, paragraph 3, of the Italian Constitution
    In the event of online press articles causing damage to honour and reputation, without prejudice to the prohibition of precautionary measures having equivalent effect to seizure of the press, the victim mu…
    Read more
    The liability of Internet hosting providers for content published by third parties: the Wikipedia case
    Judgment No. 1065 of 19 February 2018 of the Court of Appeals of Rome deserves special mention for being one of the few judgements dealing with the topic of Internet hosting provider liability for online p…
    Read more
    OUR OFFICES
    Privacy Policy - Legal Notice - Cookie Policy