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Part II The Impact of Freedom of Establishment on Private International Law for Corporations, 3 The Normative Content of Freedom of Establishment

From: Freedom of Establishment and Private International Law for Corporations

Paschalis Paschalidis

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 03 July 2022

Subject(s):
Letterbox companies and the doctrine of abuse — COMI and forum shopping — Corporations — Judgments from courts of a member state — EU Rules — Recognition and enforcement of foreign judgments — Jurisdiction under the Brussels I Regulation
3.01 The Treaty on the Functioning of the European Union1 (hereinafter ‘TFEU’) provides for the creation of a Single Market which shall be based primarily on four fundamental freedoms, among which is the freedom of establishment. Article 54 TFEU (ex Article 48 EC) provides for the right of establishment of corporations, other partnerships of civil and commercial law, and other legal persons established under private or public law, so long as they are not non-profit making, and confers upon them the same rights that natural persons enjoy under Article 49 TFEU (ex...
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