Source: All England Reporter
Publisher Citation: [2002] All ER (D) 47 (Nov)
Court: Court of Justice of the European Communities

Judges Rodríguez Iglesias (President), Puissochet, Wathelet (Rapporteur) and Schintgen (Presidents of Chambers), Gulmann, Edward, La Pergola, Jann, Skouris, Macken, Colneric, von Bahr and Cunha Rodrigues

Judgment Dates: 5 November 2002


European Communities - Right of establishment - Prohibition of discrimination - Non-resident company not entitled to bring legal proceedings - Articles 43, 48 EC.

The Case

Where a company was incorporated under the law of a member state, arts43 and 48 EC (formerly EC Treaty, arts52 and 58) (on the rights of establishment) required another member state to recognise the legal capacity, and consequently, the capacity to be a party to legal proceedings which that company enjoyed under the law of its state of incorporation.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.