Original scientific paper
THE FREEDOM OF ESTABLISHMENT - WHAT DOES THE PROPOSAL OF THE FOURTEENTH COMPANY LAW DIRECTIVE BRING INTO THE EUROPEAN UNION LAW?
Hana Horak
; Ekonomski fakultet Sveučilišta u Zagrebu
Kosjenka Dumančić
; Ekonomski fakultet Sveučilišta u Zagrebu
Zvonimir Šafranko
; Ekonomski fakultet Sveučilišta u Zagrebu
Abstract
The freedom of establishment in the European Union has been analyzed with special emphasis on the right to cross-border transfer of the company seat. The authors explain various seat theories by means of European law sources, in particular, the judgments of the European Court of Justice. The present paper gives an overview of the European Court of Justice’s case law with special emphasis on the recent case VALE, in which the judgment, that is still pending, will affect the future development of the freedom concerned. Reviewing the legal sources in the Croatian legislation the authors draw conclusions on harmonization of Croatian law and the EU law, the implementation of the freedom of establishment as well as about potential problems that will occur in Croatian practice. Finally, the authors provide an overview of possible solutions as the basis for the proposal of the Fourteenth Company Law Directive aimed at solving the questions of possible implementation for the cross-border transfer of the companies´ seat.
Keywords
freedom of establishment; European Union; companies’ seat; Fourteenth Directive in company law
Hrčak ID:
107277
URI
Publication date:
20.12.2012.
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