News
Freedom of establishment: a company may transfer its registered office in order to benefit from a favourable legislation
- 30/10/2017
Freedom of establishment is the right upon which a company formed in accordance with the legislation of a Member State can convert itself into a company governed by the law of another Member State, provided that the conditions laid down by the legislation of the latter Member State are satisfied.
On this issue, with Judgment of 25th October 2017 in the case C-106/16, the European Court of Justice has explained that freedom of establishment enables a company, which has transferred its registered office to another Member State, to keep conducting its main, if not entire, business in the Member State in which it was first established.
Furthermore, according to the European Court, transferring one’s registered office to another Member State for the purpose of enjoying the benefit of more favourable legislation does not, in itself, constitute abuse of freedom of establishment.
NEWS
- 16/10/2024
The Council of State, in its judgment No 7361 of 3.09.2024, ruled that ‘the notion of “grave professional misconduct” is an indeterminate legal concept that does not require an exclusive conn...
The legality of communicating illness to the employer by fax
10/10/2024The Court of Cassation, Sec. of Labour, with the order of 25 September 2024, no. 25661, rendered on the subject of labour relations, established that ‘The communication of illness to the employer...
- 22/08/2024
The Sicilian Regional Administrative Court, in its ruling no. 2096 of 4.6.2024, established that ‘certification issued by a foreign body accredited by the single national accreditation body o...