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

    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
    Creditor’s clawback action against the family trust. Is the family trust slowly fading?
    With the final judgement no. 3641/2018 the Italian Supreme Court has ruled on the creditor’s right to undertake the clawback action against a family trust, which had been established by one of the defendan…
    Read more
    The quota-holder of a limited liability company (“s.r.l.”) can effectively exercise its right of option on the capital increase by offsetting the relevant debt with his eventual credit towards the company which is subordinated pursuant to art. 2467 of the
    The Business Division of the Court of Rome, addressing – from what we can gather, for the first time – a topic little explored also among the Scholars, recently excluded that the quota-holder of a limited …
    Read more
    OUR OFFICES
    Privacy Policy - Legal Notice - Cookie Policy