Presentation Announcement

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Although term start is still a few weeks away, the Legal Research Society kick starts this academic year with a presentation by founding member Justin Borg Barthet titled “How Corporate Europe was Built in Kirchberg: An overview of AG Maduro's Opinion in Cartesio". The presentation will take place on Monday August 25 (sorry for the short notice) at 14.00 in Taylor Building room C16.

Here is the abstract:

This presentation addresses the opinion of Advocate General Maduro (ECJ) in Case C‑210/06 Cartesio Oktató és Szolgáltató bt. The case concerns the refusal of the Hungarian courts to allow a Hungarian limited partnership to transfer its operational headquarters to Italy while remaining incorporated under Hungarian law. In keeping with the flow of liberalisation that began with the ECJ's judgment in Centros, AG Maduro finds that the Hungarian law at issue constitutes an unjustified restriction on freedom of establishment as provided in Articles 43 and 48 of the EC Treaty.

It will be argued that the AG's opinion is commendable to the extent that it signals the way for a more coherent body of law. However, in the final analysis the opinion is open to criticism on the grounds that the AG's findings are symptomatic of an activist court that disregards positive law and the residual socio-economic sovereignty of the Member States.

For a brief introduction to the AG's opinion please click here.

All are welcome.

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