Слобода оснивања трговачких друштава
Freedom Of Establishment Of Companies

Summary/Abstract: The emphasis on the harmonization of company law as a presumption for the operation of the EU internal market has given way to the concept of regulatory competition. It implies that the propensity towards a comprehensive unification of the EU company law has been abandoned, which eventually enables a free movement of companies in the market. In this paper, the author considers how such a standpoint affects the decision of the company founders as members of the society to choose the Member State where the company will be registered, irrespective of the company’s principal place of business. The author points out to the freedom of establishing a company and the limitations concerning the freedom of residence as the basic presumptions governing the company’s choice ofapplicable law within the primary legislation of the European Community. In particular, the author focuses on the question concerning the extent to which the national legislations of the Member States may limit the company’s freedom to choose the applicable law.

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