European Court of Justice on Company Seat Principle
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Questions and Answers

What was held by the ECJ in Uberseering?

  • The national courts must apply the founding seat principle. The company seat principle is a justifiable restriction, but is it not necessary as it can be achieved by less restrictive means.
  • The national courts must apply the company seat principle. The founding seat principle is a justifiable restriction, but is it not necessary since it can be achieved by less restrictive means.
  • The national courts must not apply the company seat principle. The company seat principle is a justifiable restriction, but it is not necessary as it can be achieved by less restrictive means. (correct)
  • The national courts must not apply the company seat principle. The company seat principle is neither a justifiable restriction, nor necessary since it can be achieved by less restrictive means.

    • What is the nature of EU law?

  • Supranational law (correct)
  • Public national law
  • National law
  • Common law

    • What new element was introduced by the ECJ in Gebhard?

  • The market access test was adopted to support the free movement of workers.
  • The four criteria test was adopted for the free movement of workers.
  • The proportionality test was adopted for the freedom of establishment.
  • The four criteria test was adopted for the freedom of establishment of natural persons. (correct)

    • What legal source provides for the rules on the internal market?

    <p>The internal market was established by regulations and directives.</p> Signup and view all the answers

    What new element was introduced by the ECJ in Cassis de Dijon?

    <p>The justification by mandatory requirements of the public interest.</p> Signup and view all the answers

    What are the reasons for the shift of powers from the Member States to the EU?

    <p>Member States deliberately transfer powers to the EU to reduce the workload of national governments due to crises or actions of citizens before the ECJ.</p> Signup and view all the answers

    Which EU institution is part of the executive power?

    <p>The Council of the European Union.</p> Signup and view all the answers

    What is incorrect regarding the ordinary legislative procedure?

    <p>The European Parliament may reject the legislation but may not suggest any changes.</p> Signup and view all the answers

    What do the Basic Freedoms prohibit?

    <p>Direct and indirect discrimination.</p> Signup and view all the answers

    To what respect is there a democratic deficit of the institutions of the EU?

    <p>The national executive power controls part of the European legislation, violating the 'one man one vote' principle.</p> Signup and view all the answers

    What role does the Parliament play within the EU?

    <p>All of the above.</p> Signup and view all the answers

    Study Notes

    Court Rulings and Principles

    • In Uberseering, national courts must not apply the company seat principle, which is a justifiable restriction; it can be achieved by less restrictive means.
    • The nature of EU law is classified as supranational law, emphasizing its supremacy over national legislation.
    • The Gebhard case introduced the four criteria test for assessing the freedom of establishment of natural persons, which highlights conditions for market access.
    • The Cassis de Dijon case established the necessity test and justification by mandatory requirements of public interest for trade regulations.
    • The internal market's rules are articulated in regulations and directives, providing a structured approach to economic integration.
    • TFEU outlines the Basic Freedoms that support the functioning of the internal market, ensuring fundamental economic rights within the EU.

    Shift of Powers to the EU

    • Powers are transferred from Member States to the EU either deliberately by political vision, in response to crises, or influenced by citizen actions before the ECJ.

    EU Institutions and Roles

    • The Council of the European Union is part of the EU's executive power structure.
    • In the ordinary legislative procedure, the European Parliament and the Council of the European Union act as equal partners; however, the Parliament cannot suggest changes if it rejects legislation.
    • Democratic deficit exists as national executive control over EU legislation is evident, causing uneven voting power among different member states.

    Basic Freedoms and Legislative Impact

    • Basic Freedoms prohibit various forms of hindrances, including indistinct hindrances, discriminations, and both direct and indirect discrimination.
    • The Parliament is integral to EU legislation, with members acting as representatives and holding the authority to initiate legislation.

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    Description

    This quiz explores the rulings of the European Court of Justice regarding the company seat principle, as discussed in the Uberseering case. Understand the implications of the court's decisions on national courts and company law. Test your knowledge on this significant legal topic.

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