OXFORD PRIVATE INTERNATIONAL LAW SERIES
General Editor: James J. Fawcett
The aim of the series is to publish work of quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
ALSO IN THIS SERIES
Substance and Procedure in Private
International Law
RICHARD GARNETT
Employment Contracts in Private
International Law
LOUISE MERRET
The Arrest of Ships in Private
International Law
VERNICA RUIZ ABOU-NIGM
Intellectual Property and Private
International Law
Second edition
JAMES J FAWCETT and PAUL
TORREMANS
The Rome II Regulation
ANDREW DICKINSON
Cross-Border Divorce Law
MIRE N SHILLEABHIN
The Anti-Suit Injunction
THOMAS RAPHAEL
Agreements on Jurisdiction and
Choice of Law
ADRIAN BRIGGS
Civil Jurisdiction Rules of the EU and
their Impact on Third States
THALIA KRUGER
Cross-Border Consumer Contracts
JONATHAN HILL
Insolvency in Private International Law
Second edition
IAN F FLETCHER
Conflict of Laws Within the UK
KIRSTY J HOOD
The Transfer of Property in
the Conflict of Laws
JANEEN M CARRUTHERS
International Sale of Goods in the
Conflict of Laws
JAMES J FAWCETT, JONATHAN M
HARRIS, and MICHAEL BRIDGE
Choice of Law for Equitable Doctrines
T M YEO
Procedural Law in International
Arbitration
GEORGIOS PETROCHILOS
Foreign Law in Civil Litigation
SOFIE GEEROMS
Shares and Other Securities in the
Conflict of Laws
MAISIE OOI
Forum Shopping and Venue in
Transnational Litigation
ANDREW S BELL
Cross-Border Enforcement
of Patent Rights
MARTA PERTEGS SENDER
Res Judicata, Estoppel, and
Foreign Judgments
PETER BARNETT
Corporations in Private
International Law
STEPHAN RAMMELOO
The Enforcement of Judgments
in Europe
WENDY KENNETT
Claims for Contribution
and Reimbursement
in an International Context
KOJI TAKAHASHI
The Hague Convention on
International Child Abduction
PAUL BEAUMONT and PETER MCELEAVY
FREEDOM OF ESTABLISHMENT AND PRIVATE INTERNATIONAL LAW FOR CORPORATIONS
PASCHALIS PASCHALIDIS
Associate, Shearman & Sterling LLP, Paris
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
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Paschalis Paschalidis, 2012
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First Edition published in 2012
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General Editors Preface
Previous monographs in The Oxford Private International Law Series have examined Corporations in Private International Law (by Stephan Rammeloo) and Insolvency in Private International Law (by Ian Fletcher). We now have Freedom of Establishment and Private International Law for Corporations by Paschalis Paschalidis. This examines the intersection of four areas of law: private international law, EU law, insolvency law, and corporate law. Whilst at times overlapping with the subject matter of the earlier monographs, this is a very different work. It is concerned very much with the impact that freedom of establishment under EU law has had on the private international law for corporations. This is presented in a way that touches not only on company law but also on insolvency law, with the impact of freedom of establishment on each being juxtaposed. The full impact of freedom of establishment is examined by looking at a number of themes, such as forum shopping and abuse of law. There is a particularly illuminating discussion of letter-box companies and the doctrine of abuse in European company law. The approach is not only wide-ranging and thematic but also comparative, with much discussion of US, French, English, and EU law. The law is also put in its political and economic context of the sovereign debt crisis.