Free Movement of  Companies within the EU

Ulvi ALTINIŞIK

Article Details

Free Movement of Companies within the EU

Authors:

Ulvi ALTINIŞIK

Publisher:

Ankara Barosu

Journal:

Ankara Bar Review 2012 Vol.5 Issue 1, pp.99-118

Document Type:

Article

Publication Date:

12/2011

Document Language:

English

Document ID (Org No.):

2000822186

Frequency:

Annual

pISSN:

1308-0636

Abstract:

 

As the cross-border mobility of goods, services, labour, capital increased, the freedom of establishment of companies gained more attention in the EU. In the last decade, European company law has evolved significantly with the judicial contribution of the European Court of Justice. After its restrictive interpretation in Daily Mail the Court took a more liberal approach with regard to the freedom of establishment of companies. Under caselaw of the ECJ, with the aim of taking advantages of more appropriate rules, establishment of companies, their subsidies or branches in other Member States does not constitute an abuse of rights; furthermore it is referred to as exercise of freedom of establishment guaranteed by the Treaty. Once companies establish themselves or subsidies within the Union they enjoy the same rights as with the nationals of the host Member State. The Court took a liberal approach in terms of equal treatment and extended its scope so that it covers the taxation and social security protection of the employees as well.

Article Details

Free Movement of Companies within the EU

Authors: Ulvi ALTINIŞIK

Publisher: Ankara Barosu

Journal: Ankara Bar Review 2012 Vol.5 Issue 1, pp.99-118

Document Type: Article

Publication Date: 12/2011

Document Language: English

Document ID (Org No.): 2000822186

Frequency: Annual

pISSN: 1308-0636

Issues

Authors:

Ulvi ALTINIŞIK

Publisher:

Ankara Barosu

Journal:

Ankara Bar Review 2012 Vol.5 Issue 1, pp.99-118

Document Type:

Article

Publication Date:

12/2011

Document Language:

English

Document ID (Org No.):

2000822186

Frequency:

Annual

pISSN:

1308-0636