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The Role of Choice of Law Rules in Shaping Free Movement of Companies

Book | 1st edition 2014 | Europe | Miroslawa Myszke-Nowakowska

This book responds to the current intriguing questions concerning the impact of the choice of law rules on the free movement of companies by analysing the most recent ECJ decisions, EU legislature and doctrine. It addresses vigorous discussions and a multitude of legal issues concerning European company law, comparative law and private international law in way that is useful both for the legal practitioners and academics.

The author studies in great detail the ECJ’s attitude towards the different connecting factors in private international law. This analysis is developed through a functional presentation of the case law concerning the distinction between the transfer of the real seat on the one hand and the registered office on the other. This method emphasises the consistent approach of the ECJ as well as ensures a clear functional analysis of both immigration and emigration of companies.

In view of this background, the existing harmonisation measures as well as the planned directives and regulations (the company law directives and supranational company forms like the European Company and the planned European Private Company) are also outlined. The author furthermore advocates an active harmonisation process. Apart from the European level, the legal doctrines from several Member States are discussed as well. All this provides a wide and up-to-date picture of current European company law and how it is shaped by private international law.

About the book
‘Ms Myszke’s book rests upon a close analysis of pertinent sources and sheds light on the many issues concerning the relationship between a company’s right of establishment and conflict of laws. The thesis developed by Ms Myszke will certainly inspire and convince readers, thanks to her systematic approach, the detailed examination of cases, legislation and doctrine and the elaboration of sound and creative points of view.’
Prof. dr. Johan Meeusen, Full Professor of European Union Law and Private International Law, University of Antwerp (Belgium)

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780682013
Weight 510 g
Status Available
Number of pages xiv + 292 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Apr 30, 2014
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Chapter I. Introduction: “United in Diversity”
  • Chapter II. Freedom of Establishment as a Fundamental Freedom
  • Chapter III. Impact of the Internal Market on National Choice of Law Rules
  • Chapter IV. The Analysis of the European Court of Justice’s Approach Towards the Two Choice of Law Theories
  • Chapter V. Harmonisation
  • Chapter VI. Conclusions
  • Bibliography