Department of Law

Karsten Engsig Sørensen

Company Law as a Restriction to Free Movement: Examination of the Notion of 'Restriction’ Using Company Law as the Frame of Reference

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Focusing on recent judgments from the Court of Justice of the European Union, this
article investigates how the notion of ‘restriction’ – which is the first step in
examining whether there is an infringement of the free movement rights – is used in
cases involving company law measures. There is evidence that non-discriminatory
obstacles to free movement found in company law can be restrictions. However,
recent cases show that the Court may be willing to apply a more restrictive approach
where only non-discriminatory measures that have a qualified deterrent effect may
constitute restrictions.
Original languageEnglish
JournalEuropean Company Law
Pages (from-to)178-188
Number of pages11
Publication statusPublished - 2014

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