El traslado transfronterizo de la sede social: la necesidad de articular una respuesta desde la óptica del derecho societario europeo

Abstract

The cross-border transfer of the registered office shall be regarded as a very useful operation for European companies, since it allows them to choose after their creation the legislative framework that best suits their needs, resulting in higher levels of productivity and competitiveness. Therefore, the aim of this work is, on the one hand, to approach to the the main legal obstacles to these operations, as well as the significant advances made by the ECJ case law on freedom of establishment, and, on the other hand, to address the need to provide a solution from the perspective of European Company Law to the problems that still negatively affect the cross-border transfer of the registered office, with particular reference to the possible impact on regulatory competition between Member States and between national corporate forms and European corporate forms