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Eliminating Obstacles to Freedom of Establishment: The Competitive Edge of UK Company Law

Lowry, JP; (2004) Eliminating Obstacles to Freedom of Establishment: The Competitive Edge of UK Company Law. Cambridge Law Journal , 63 (2) 331 - 345. 10.1017/S0008197304006609. Green open access

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Abstract

This article examines the implications of the E.C.J.'s decisions in Überseering and Inspire Art against the background of the principal competing theories relating to lex societatis. It considers the tension between freedom of establishment (EC Treaty, arts 43 and 48) and the protective objectives of national corporate law regimes aimed at defeating the so-called Delaware effect. It goes on to argue that significant issues remain unresolved. More particularly, it questions whether creditor protection mechanisms contained in national insolvency laws will, in future, be viewed as obstacles to freedom of establishment.

Type:Article
Title:Eliminating Obstacles to Freedom of Establishment: The Competitive Edge of UK Company Law
Open access status:An open access version is available from UCL Discovery
DOI:10.1017/S0008197304006609
Publisher version:http://dx.doi.org/10.1017/S0008197304006609
Language:English
Keywords:company law, single market
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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