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Ãœberseering BV V Nordic Construction Company Baumanagement GmbH
''Überseering BV v Nordic Construction Company Baumanagement GmbH'' (2002) is a European company law case, concerning the right of freedom of establishment. Facts Überseering BV, a Dutch company, was told that because its shares had been all acquired by two German nationals but it had failed to reincorporate under German law, it had no legal identity in Germany and could not, therefore, enforce a contract to develop land in Düsseldorf against Nordic Construction. German law took the view that companies should only be recognised as having legal rights under the law where their "real" seat was. This was Germany (as Überseering was "really" operating there), but it could not have legal standing unless it was first incorporated under German law. Thus, German law did not follow the "incorporation" view, that it would acknowledge legal standing according to a foreign law when a company was incorporated in the Netherlands. Überseering BV argued that this represented a restrictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Company Law
European company law is the part of European Union law which concerns the formation, operation and insolvency of companies (or corporations) in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own corporate forms. All member states continue to operate separate companies acts, which are amended from time to time to comply with EU Directives and Regulations. There is, however, also the option of businesses to incorporate as a (SE), which allows a company to operate across all member states. History There have been, since the European Community was founded in 1957, a series of directives creating minimum standards for business across the European Union. A central aim restated in each Directive is to reduce the barriers to freedom of establishment of businesses in the European Union through a process of harmonising the basic laws. The object is that when laws are harmonised, business will not be deterred by different or more onerous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Düsseldorf
Düsseldorf is the capital city of North Rhine-Westphalia, the most populous state of Germany. It is the second-largest city in the state after Cologne and the List of cities in Germany with more than 100,000 inhabitants, seventh-largest city in Germany, with a 2022 population of 629,047. The Düssel, from which the city and the borough of Düsseltal take their name, divides into four separate branches within the city, each with its own mouth into the Rhine (Lower Rhine). Most of Düsseldorf lies on the right bank of the Rhine, and the city has grown together with Neuss, Ratingen, Meerbusch, Erkrath and Monheim am Rhein. Düsseldorf is the central city of the metropolitan region Rhine-Ruhr, the List of EU metropolitan regions by GDP#2021 ranking of top four German metropolitan regions, second biggest metropolitan region by GDP in the European Union, that stretches from Bonn via Cologne and Düsseldorf to the Ruhr (from Duisburg via Essen to Dortmund). The ''-dorf'' suffix mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Establishing The European Community
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signed on 25 March 1957 by Belgium, French Fourth Republic, France, Italy, Luxembourg, the Netherlands and West Germany, and it came into force on 1 January 1958. Originally the "Treaty establishing the European Economic Community", and now continuing under the name "Treaty on the Functioning of the European Union", it remains one of the treaties of the European Union, two most important treaties in what is now the European Union (EU). The treaty proposed the progressive reduction of tariff, customs duties and the establishment of a customs union. It proposed to create a Single market, common market for goods, labour, services, and capital across member states. It also proposed the creation of a Common Agriculture Policy, a transport in Europe, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishing the European Community (TEC). The Treaty originated as the Treaty of Rome (fully the ''Treaty establishing the European Economic Community''), which brought about the creation of the European Economic Community (EEC), the best-known of the European Communities (EC). It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany and came into force on 1 January 1958. It remains one of the two most important treaties in the modern-day European Union (EU). Its name has been amended twice since 1957. The Maastricht Treaty of 1992 removed the word "economic" from the Treaty of Rome's official title and, in 2009, the Treaty of Lisbon renamed it the "Treaty on the Functioning of the European Union" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Centros Ltd V Erhversus-og Selkabssyrelsen
''Centros Ltd v Erhvervs- og Selskabsstyrelsen'' (1999) is a European company law case, concerning the right of freedom of establishment. Facts Centros Ltd, a wine import and export business, was registered in the United Kingdom and applied in Denmark, where it traded, to register there. The Danish authority, Erhvervs- og Selskabsstyrelsen, refused on the basis that the company was attempting to circumvent the Danish requirement for companies to pay up a minimum of share capital. In Denmark this was 200,000 Danish kroner, while in the UK the minimum capital requirement was £1. The Danish registry justified its enforcement of the rule as a way to protect creditors and prevent fraudulent insolvency. Centros Ltd argued that it had the right to be recognised in Denmark under the provisions of freedom of establishment in the EC Treaty, articles 52, 56 and 58. The Danish court referred the matter to the European Court of Justice (ECJ). Judgment The European Court of Justice held th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V HM Treasury Ex Parte Daily Mail
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound lik ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bundesgerichtshof
The Federal Court of Justice ( , ) is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, '' de facto'' the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law. In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as investigating judges in criminal investigations led by the Public Prosecutor General for a small number of exceptional offenses (such as crimes against humanity and the formation of terrorist organisations). As such, they are responsible for issuing search and arrest ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R (Daily Mail And General Trust Plc) V HM Treasury
''R (Daily Mail and General Trust plc) v HM Treasury and Commissioners of Inland Revenue'' (1988) is an EU law case, concerning the freedom of establishment in the European Union. Facts Daily Mail and General Trust plc, owners of the newspaper the ''Daily Mail'', was resident in the United Kingdom. It wanted to transfer residence to the Netherlands and set up a subsidiary or branch in the UK instead. This was to be done for the purpose of selling a significant part of its non-permanent assets and using the sale proceeds to buy its own shares without having to pay the tax normally due on such transactions in the UK. It could not do this without permission from the UK Treasury. It argued this contravened its right of establishment under (what is now) the Treaty on the Functioning of the European Union article 49. Judgment The Court of Justice held that TFEU article 49 did not apply, and so the rules requiring UK Treasury permission could operate. Given the wide variation in nation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Company Law
British company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directive (European Union), Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth of Nations, Commonwealth and as an international standard setter, British law has always given people broad freedom to design the i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Case Law
German(s) may refer to: * Germany, the country of the Germans and German things **Germania (Roman era) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizenship in Germany, see also German nationality law **Germanic peoples (Roman era) * German diaspora * German language * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (disam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2002 In Germany
The following is a list of events from the year 2002 in Germany. Incumbents *President – Johannes Rau *Chancellor – Gerhard Schröder Events * 1 January – The Euro Currency officially became the legal tender for Germany, along with the other European Union (EU) Eurozone member area countries, replacing the Deutsche Mark by being introduced physically with the official launch of the currency coins and banknotes. 6-17 February – 52nd Berlin International Film Festival * 22 February – Germany in the Eurovision Song Contest 2002 * 26 April – Erfurt massacre * 17 May – Legoland Germany opens. * 8 June–15 September – Documenta11 * 30 June – The Völkerstrafgesetzbuch goes into effect. * 1 July – Überlingen mid-air collision * 10 July – Swiss International Air Lines Flight 850 * 13 July – Murder of Marinus Schöberl * August – 2002 European floods * 22 October – The Second Schröder cabinet led by Gerhard Schröder was sworn in. * 16 December †... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
