14 May 2025

MvO Article – Edil Works 2 and its implications

This article (in Dutch) elaborates on the Edil Works 2 ruling of the Court of Justice of the European Union. In this ruling, the Court found that national conflict rules based on the real seat criterion are, under certain conditions, in violation of the freedom of establishment. The authors argue that national conflict rules that apply the incorporation criterion may, under certain circumstances, also be incompatible with the freedom of establishment.