Überseering BV V Nordic Construction Company Baumanagement GmbH
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Überseering 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 ...
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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 ...
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Düsseldorf
Düsseldorf ( , , ; often in English sources; Low Franconian and Ripuarian: ''Düsseldörp'' ; archaic nl, Dusseldorp ) is the capital city of North Rhine-Westphalia, the most populous state of Germany. It is the second-largest city in the state and the seventh-largest city in Germany, with a population of 617,280. Düsseldorf is located at the confluence of two rivers: the Rhine and the Düssel, a small tributary. The ''-dorf'' suffix means "village" in German (English cognate: ''thorp''); its use is unusual for a settlement as large as Düsseldorf. Most of the city lies on the right bank of the Rhine. Düsseldorf lies in the centre of both the Rhine-Ruhr and the Rhineland Metropolitan Region. It neighbours the Cologne Bonn Region to the south and the Ruhr to the north. It is the largest city in the German Low Franconian dialect area (closely related to Dutch). Mercer's 2012 Quality of Living survey ranked Düsseldorf the sixth most livable city in the world. Düsse ...
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Treaty Establishing The European Community
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of customs duties and the establishment of a customs union. It proposed to create a single market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a Common Transport Policy and a European Social Fund and established the European Commission. The ...
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TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union". F ...
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