ABSTRACT
The influence of European Union law on the international connecting factor of companies is now well known. Extending its case law developed in relation to the free movement of goods, the Court of Justice has imposed recognition within the Union of companies validly established by the legal system that granted them legal personality, even if that legal system is not the one in which they have their real seat. The purpose of this article is not to revisit this development, but rather to suggest that its intellectual source has dried up and that its legal source – freedom of establishment – applies only to companies incorporated in Member States. Based on an analysis of the changes in European company law, this article concludes that the real seat seems to have a bright future ahead as far as the international application of European company law is concerned.
Gridel, Augustin, The international scope of European company law (January 1, 2024).
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