More on Polbud

Does ‘Cartesio’ meet the ‘real seat’?

In a previous post (in Dutch) Gillis Lindemans discussed the opinion of AG Kokott in the Polbud-case arguing that this opinion, if followed by the Court, would add a pinch of “real seat” to theEU case-law on corporate mobility. More interesting thoughts on Polbud are to be found on the blog of Professor Geert Van Calster. Money quote:

“Ms Kokott suggests the Opinion is a simple confirmation of the CJEU’s case-law on the issue: no change of tack. Simply confirmation ex multi. That now does leave me puzzled: the Opinion walks and talks like confirming old precedent; but it does not, surely?”

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