Company Law as a Restriction to Free Movement: Examination of the Notion of ‘Restriction’ Using Company Law as the Frame of Reference - European Company Law View Company Law as a Restriction to Free Movement: Examination of the Notion of ‘Restriction’ Using Company Law as the Frame of Reference by - European Company Law Company Law as a Restriction to Free Movement: Examination of the Notion of ‘Restriction’ Using Company Law as the Frame of Reference 11 3

Focusing on recent judgments from the Court of Justice of the European Union, this article investigates how the notion of 'restriction' - which is the first step in examining whether there is an infringement of the free movement rights - is used in cases involving company law measures. There is evidence that non-discriminatory obstacles to free movement found in company law can be restrictions. However, recent cases show that the Court may be willing to apply a more restrictive approach where only non-discriminatory measures that have a qualified deterrent effect may constitute restrictions.

European Company Law