Companies doing business in the European Union are, now more than ever, likely to face commercial disputes in multiple jurisdictions across Europe, each of which have their own specific procedural and subs…
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).
