The Vale Decision and the Court’s Case Law on the Nationality of Companies

Hansen Jesper Lau

European Company and Financial Law Review, 2013, vol. 10, issue 1, 1-17

Abstract: In its decision in Vale, the Court of Justice takes another step forward, while still respecting its two-pronged case law on the nationality of companies. Analysing this case law shows a considerable move towards a genuine freedom of establishment for companies and paints a more nuanced picture than is normally acknowledged. However, the necessary legal certainty so paramount for business in these matters still requires actual legislation. In this respect, the question of establishment and the freedom of companies to choose their nationality remain unfinished business.

Date: 2013
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DOI: 10.1515/ecfr-2013-0001

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