Corporate mobility in Europe through primary outbound establishment : challenging the 𝘋𝘢𝘪𝘭𝘺 𝘔𝘢𝘪𝘭 rule

Abstract

Freedom of establishment of companies within the European Union was and continues to be a matter which creates confusion among scholars and practitioners, despite the remarkable efforts on the part of the Court of Justice of the European Union (hereinafter referred to as "CJEU" or "the Court") in bringing life to Articles 49 and 54 of the Treaty on the Functioning of the European Union (hereinafter referred to as "TFEU"). Indeed, the Centros, Überseering, Inspire Art and SEVIC Systems cases have interpreted freedom of establishment in an extensive manner, demolishing restrictions set up by Member States to curtail it. However, such an admirable development in this area of Union law has been curbed by the Court itself.