||All England Reporter
|| All ER (D) 47 (Nov)
||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
||5 November 2002
European Communities - Right of establishment - Prohibition of discrimination - Non-resident company not entitled to bring legal proceedings - Articles 43, 48 EC.
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.
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