European Court of Justice on Company Seat Principle

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.

Internal Market and Legal Framework

• 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.

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.