Miroslawa Myszke-Nowakowska, The Role of Choice of Law Rules in Shaping Free Movement of Companies, Intersentia, 2014, ISBN 978-1-78068-201-3, xiv + 292 pp.
This book responds to the current intriguing questions concerning the impact of the choice of law rules on the free movement of companies by analysing the most recent ECJ decisions, EU legislature and doctrine. It addresses vigorous discussions and a multitude of legal issues concerning European company law, comparative law and private international law in way that is useful both for the legal practitioners and academics.
The author studies in great detail the ECJ’s attitude towards the different connecting factors in private international law. This analysis is developed through a functional presentation of the case law concerning the distinction between the transfer of the real seat on the one hand and the registered office on the other. This method emphasises the consistent approach of the ECJ as well as ensures a clear functional analysis of both immigration and emigration of companies.
In view of this background, the existing harmonisation measures as well as the planned directives and regulations (the company law directives and supranational company forms like the European Company and the planned European Private Company) are also outlined. The author furthermore advocates an active harmonisation process. Apart from the European level, the legal doctrines from several Member States are discussed as well. All this provides a wide and up-to-date picture of current European company law and how it is shaped by private international law.
About the author
Dr Miroslawa Myszke-Nowakowska obtained a Ph.D. in Law from the University of Antwerp (Belgium) and graduated from the University of Gdansk (Poland) in European Union Law (M. Sc.). Dr Myszke-Nowakowska is an expert in the European Company Law and Private International Law working as a lecturer and a lawyer for private international practices, having previously worked for a couple of years at PricewaterhouseCoopers
‘Ms Myszke’s book rests upon a close analysis of pertinent sources and sheds light on the many issues concerning the relationship between a company’s right of establishment and conflict of laws. The thesis developed by Ms Myszke will certainly inspire and convince readers, thanks to her systematic approach, the detailed examination of cases, legislation and doctrine and the elaboration of sound and creative points of view.’
Prof. dr. Johan Meeusen, Full Professor of European Union Law and Private International Law, University of Antwerp (Belgium)