Freedom of Establishment of Companies in EU
|Author:||Mgr. Magda Olyšarová|
|Year:||2005 - summer|
|Leaders:|| doc. JUDr. Tomáš Richter LL.M., Ph.D.
|Work type:|| European Integration
|Awards and prizes:|
|Abstract:||The recent decisions of the European Court of Justice, above all the last decision Inspire Art, confirmed the tendency of deciding in favor of the freedom of establishment. In the future member states are not allowed to hinder operation of so called pseudo-foreign companies, which are enabled to operate in host state under the same conditions as the domestic companies and are to be respected as a foreign companies that are subject to the company law of their state of incorporation. The thesis summarizes acquis communataire underlying the freedom of establishment and by using instruments of the New Institutional Economics and the Law and Economics analyzes the impact of the recent judicature on the mobility of companies within EU and the possibility of regulatory competition in European corporate law.|