Centros and the internal market
(2019) European Business Organization Law Review — Vol. 20, n° 3, p. 407-424 (2019)
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- Abstract
- How special is Centros? This contribution places Centros in internal market law. It starts by turning the judgment on its head and imagine an alternativeCentros: the judgment Danish authorities wished for and which the Court declined to hand down. The aim of this exercise in legal fiction is to show that the Court could have decided Centrosanother way. The choices underpinning Centrosare then contrasted with other internal market cases to conclude that both the real Centrosand the alternativeCentrosare in some ways aligned with the free movement case law. It is argued that Saydé’s analysis of abuse best helps make sense of this confusing state of play. The article ends with suggestions for further research: taking the cost dimension into account in a behavioural perspective could shed light on the allocation of regulatory powers between home State and host State.
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Sibony, A.-L. (2019). Centros and the internal market. European Business Organization Law Review, 20(3), 407-424. https://doi.org/10.1007/s40804-019-00154-y (Original work published 2019)