Autonomy in conflict of laws

Three decades of ECJ case law, from ‘Avoir fiscal’ to VALE, have eventually led to a quite consistent view on international company law within the internal market. Still, due to the technique of preliminary rulings which are meant (only) to provide an answer by the ECJ to the specific question(s) submitted to it by a national court, which must solve a case brought to its docket, the judgments taken together do not yet shed light on all pertinent issues and questions in this field.

In the absence of harmonization, the Member States retain a large degree of autonomy in conflict of laws, certainly where the adoption of their choice-of-law rules and their option for one of the various approaches ranging from the incorporation until the real seat-theory, is concerned.

 

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