Abstract
Cross-border company migration in Europe. Where a company formed in accordance with the law of a Member State (‘A’) in which it has its registered office is deemed, under the law of another Member State (‘B’), to have moved its actual centre of administration to Member State B, Articles 43 and 48 EC preclude Member State B from denying the company legal capacity and, consequently, the capacity to bring proceedings before its national courts for the purpose of enforcing rights under a contract with a company established in Member State B.
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