Andreas Pilger

European Company Law After Inspire Art: from a German Perspective: Ltd. vs. Gmbh Andreas Pilger

This book summarizes the discussion and perspectives of European company law after the far-reaching decisions of the European Court of Justice ("Daily Mail", "Centros", "Überseering", and "Inspire Art"). It describes these cases and shows their impact on the underlying legal doctrines, the incorporation theory and the real seat theory. A significant focus of the thesis is the issue of foreign companies transferring their seat to Germany. To illustrate the recent attempts to avoid national company laws by incorporating in another Member State, the example of a British Limited Liability Company operating in Germany is analyzed in some detail. The thesis ends with a general perspective on these significant developments of European company law and the established German doctrine.