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Exit restrictions on freedom of establishment after Marks & Spencer

Published online by Cambridge University Press:  29 January 2007

Gert-Jan Vossestein
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Abstract

Article 43 EC prohibits not only restrictions on freedom of establishment on the part of the host State but also those restrictions that are attributable to the State of origin. This article focuses on the latter aspect, the prohibition on ‘exit restrictions’, which was at the centre in the European Court of Justice's recent judgment in Marks & Spencer.

Keywords

freedom of establishmentrestrictionsState of originconnecting factors ex Article 48 ECDaily MailÜberseeringSevicrule of reasontax lawcompany law
Type
Case Note
Information
European Business Organization Law Review (EBOR) , Volume 7 , Issue 4 , December 2006 , pp. 863 - 878
Copyright
T.M.C. Asser Press 2006

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