29.05.2024 The Freedom of Establishment of Companies

Freedom of Establishment is one of the fundamental principles of EU internal market law; a law that seeks to ensure the free movement of goods, services, capital and persons across the territory of the EU. The Seminar is designed to delve into this principle and its implications for companies in the EU, specifically in relation to cross-border transfers. Cross-border transfers, by virtue of which companies registered in a Member State establish themselves in another Member State without being dissolved, wound up or going into liquidation, enable businesses to explore fresh avenues for growth or adjust to evolving market conditions.
The Seminar will start by considering the rationale behind the creation of the internal market and its main features, before moving on to consider the Freedom of Establishment in more detail and how the case law of the Court of Justice of the EU has contributed to its development in relation to the cross-border transfer of companies. It will conclude by considering recent EU legislative initiatives aimed at harmonizing different corporate approaches in the area of cross-border transfers, thus, bringing about greater legal certainty. As an EU member state, Malta, and the manner in which it regulates companies, is impacted by EU measures in the area of Company Law, including those that will form the subject of this Seminar