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    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.

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

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