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dc.contributor.authorGERNER-BEUERLE, Carsten
dc.contributor.authorMUCCIARELLI, Federico
dc.contributor.authorSCHUSTER, Edmund
dc.contributor.authorSIEMS, Mathias
dc.date.accessioned2021-07-01T07:53:04Z
dc.date.available2021-07-01T07:53:04Z
dc.date.issued2020
dc.identifier.citationYearbook of European law, 2020, Vol.39, pp. 459–496en
dc.identifier.issn0263-3264
dc.identifier.issn2045-0044
dc.identifier.urihttps://hdl.handle.net/1814/71789
dc.descriptionFirst published online: 20 October 2020en
dc.description.abstractThere is significant legal variation and uncertainty in the conflict of laws rules applicable to companies in the EU. While the case law of the Court of Justice on the freedom of establishment has clarified some questions, it is evident that case law cannot provide for an adequate level of legal certainty. The main recommendation of this article is that private international company law in the EU should be harmonized. The article discusses the main challenges that a future regulation to this effect—called here ‘Rome V Regulation on the Law Applicable to Companies’—would have to overcome. Some of those are of a political nature: for instance, countries may fear that it may become easier for companies to evade domestic company law (eg, rules of employee co-determination), and there are specific considerations that concern companies established in third countries. Another challenge is that a future regulation on the law applicable to companies has to be consistent with existing EU conflict of laws rules as regards, for example, insolvency and tort law, while also complying with the freedom of establishment of the Treaty. It is the aim of this article to discuss these questions in detail, notably the general considerations for harmonisation in this field, a potential harmonization based on the ‘incorporation theory’, how it may be possible to overcome some contentious issues such as the definition of the lex societatis or the relationship between the lex societatis and other areas of law, and the prospects for future international harmonization.en
dc.format.mimetypeapplication/pdf
dc.language.isoenen
dc.publisherOxford University Pressen
dc.relation.ispartofYearbook of European lawen
dc.rightsinfo:eu-repo/semantics/embargoedAccess
dc.titleMaking the case for a Rome V regulation on the law applicable to companiesen
dc.typeArticleen
dc.identifier.doi10.1093/yel/yeaa007
dc.identifier.volume39en
dc.identifier.startpage459en
dc.identifier.endpage496en


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