The cross-border transfer in the European Union – a business decision finally fully effective? Cover Image
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Transferul transfrontalier de sediu social în Uniunea Europeană – o decizie de afaceri în sfârşit pe deplin eficace?
The cross-border transfer in the European Union – a business decision finally fully effective?

Author(s): Alina Oprea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: cross-border (statutory) transfer of registered office; right to free establishment; abuse of right; harmonization;

Summary/Abstract: In the absence of certain uniform European regulations in the matter of the cross-border transfer of registered office, the free movement of companies in the European Union was mainly substantiated by decisions of the Court of Justice of the European Union. The article provides a brief review of the recent judgment Polbud and its implications in the matter, intending to demonstrate that, despite the firm position of the Court of Justice of the European Union (CJEU), which systematically censored, in virtue of the provisions of the Treaty regarding the right to free establishment, the restrictive national measures, the full mobility of companies further faces various obstacles, the removal of which can only be made by the active intervention of the European legislator.

  • Issue Year: 2019/2019
  • Issue No: 03
  • Page Range: 410-426
  • Page Count: 17
  • Language: Romanian