The Cambridge Law Journal



ELIMINATING OBSTACLES TO FREEDOM OF ESTABLISHMENT: THE COMPETITIVE EDGE OF UK COMPANY LAW


John Lowry a1
a1 University College London.

Article author query
lowry j   [Google Scholar] 
 

Abstract

This article examines the implications of the E.C.J.'s decisions in Überseering and Inspire Art against the background of the principal competing theories relating to lex societatis. It considers the tension between freedom of establishment (EC Treaty, arts 43 and 48) and the protective objectives of national corporate law regimes aimed at defeating the so-called Delaware effect. It goes on to argue that significant issues remain unresolved. More particularly, it questions whether creditor protection mechanisms contained in national insolvency laws will, in future, be viewed as obstacles to freedom of establishment.