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Ãœberseering BV V Nordic Construction Company Baumanagement GmbH
''Überseering BV v Nordic Construction Company Baumanagement GmbH'' (2002C-208/00is a European company law case, concerning the right of freedom of establishment. Facts Überseering BV, a Dutch company, was told that because its shares had been all acquired by two German nationals but it had failed to reincorporate under German law, it had no legal identity in Germany and could not, therefore, enforce a contract to develop land in Düsseldorf against Nordic Construction. German law took the view that companies should only be recognised as having legal rights under the law where their "real" seat was. This was Germany (as Überseering was "really" operating there), but it could not have legal standing unless it was first incorporated under German law. Thus, German law did not follow the "incorporation" view, that it would acknowledge legal standing according to a foreign law when a company was incorporated in the Netherlands. Überseering BV argued that this represented a restri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Company Law
European company law is a part of European Union law, which concerns the formation, operation and insolvency of companies (or corporations) in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a ''Societas Europaea'' (SE), which allows a company to operate across all member states. History There have been, since the European Community was founded in 1957, a series of directives creating minimum standards for business across the European Union. A central aim restated in each Directive is to reduce the barriers to freedom of establishment of businesses in the European Union through a process of harmonising the basic laws. The object is that when laws are harmonised, business will not be deterred by differe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |