Uberseering (Judgment): ECJ 5 Nov 2002

Articles 43 EC and 48 EC – Company formed in accordance with the law of a Member State and having its registered office there – Company exercising its freedom of establishment in another Member State – Company deemed to have transferred its actual centre of administration to the host Member State under the law of that State – Non-recognition by the host Member State of the company’s legal capacity and its capacity to be a party to legal proceedings – Restriction on freedom of establishment – Justification

Citations:

[2002] EUECJ C-208/00, C-208/00, [2005] 1 WLR 315, [2002] ECR I-9919

Links:

Bailii

Jurisdiction:

European

European

Updated: 08 July 2022; Ref: scu.178044