Licker, Seidler & Partner
Lawyers and tax consultants |
||
|
Judgements Centros Judgement of the European Court of Justice Right of domicile - establishment of a branch by a company without any real business activities - avoidance of national law - denial of companies registration Final request of the Attorney General DÁMASO RUIZ-JARABO COLOMER; filed C-208/00; Überseering BV against NCC Nordic Construction Company Baumanagement GmbH; (preliminary decision of the German Federal Court of Justice); Artcles 43 and 48 of the European Community Agreements - Importance of the Centros Judgement - lack of possibilities to claim for a Dutch firm trying to relocate the business location to Germany The judgement of the European Court of Justice File C-208/00; Überseering BV against NCC Nordic Construction Company Baumanagement GmbH; (preliminary decision of the German Federal Court of Justice); Right of domicile of the articles 43 and 48 of the European Community Agreements; capability for holding rights of a company founded in another country in case of an attempt to relocate the business location Judgement of the German Federal Court of Justice File VII ZR 370/98 of March 13th 2003; Right of domicile in terms of articles 43 and 48 of the European Community Agreements; capability for holding rights of a company founded in another country in case of an attempt to relocate the business location Laws Trade, Commerce and Industry Regulation Act (GewO) Paragraph 14 GewO Paragraph 15 GewO Paragraph 15a GewO Paragraph 15b GewO German Law of Limited Companies (GmbHG) Paragraph 11 GmbHG Commercial Law (Handelsgesetzbuch) Paragraph 13 HGB Paragraph 13d HGB Paragraph 13e HGB Paragraph 13g HGB |