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Legal sources The ability to carry out a business by acquiring the instrument (company) considered most suitable to the project company is, within the EU, legitimized by the cardinal principles of Community law. They consider, first, the rules of the Treaty establishing the European Community. Article. 43, paragraph 1, prohibits restrictions on the freedom of […]

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An examination of the Treaty provisions on freedom of establishment, and the interpretation that has been given, it is possible to draw some important information about its scope. First, the art. 48, paragraph 1, identifying the active subjects of the right of establishment refers to companies that: a) – are formed in accordance with the […]

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As for the practical aspects related to the implementation of the aforementioned Community rules in Italy, according to current practice, it follows that: – That the Community companies, established in another Member State of the European Community, are always governed by the law of the State in which they were set up, even if they […]

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The establishment of branch offices in Italy is part of the cd secondary right of establishment, described above, and is subject to the rules and principles set out above. Operationally, it should be recalled that the company is subject – even under Article. 48 of the EC Treaty, the law of the State in which […]

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