The Extra-Communitarian Effects of Centros, Überseering and Inspire Art with Regard to Fourth Generation Association Agreements

Sester Peter and Cárdenas T. José Luis

European Company and Financial Law Review, 2005, vol. 2, issue 3, 398-412

Abstract: This article analyzes the effects of recent case law of the European Court of Justice on the freedom of establishment of corporations that have been duly established under the corporate laws of a non-member state that has signed an association agreement with the EU incorporating the principles of both freedom of establishment and national treatment. It focuses on the association agreement signed by the EU and Chile in 2003, which represents the most recent and most sophisticated type of association agreement with such a nonmember state that is obviously not willing to enter the EU. The authors argue that the combination of the two principles leads to the following consequence: corporations duly incorporated under the laws of Chile may take advantage of the recent case law of the European Court of Justice if there is and remains a genuine link (of its business activities) to Chile.

Date: 2005
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DOI: 10.1515/ecfr.2005.2.3.398

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