Abstract: To a great extent, the Überseering ruling of the ECJ has been regarded as a landmark decision that signified the introduction of the incorporation theory in the private international law systems of the Member States and the Community. On this basis, some scholars have argued that the future of domestic corporate laws within the EC will be dependent on their competitive features. The current contribution sheds light on some background-particularities of German substantive law that eventually amounted to an infringement against the fundamental freedom of establishment. In order to prove the circumstantial pronouncement of ECJ’s ruling, a parallel to Greek law is drawn. At the end, the issue of regulatory competition is approached in its real dimensions.
European Review of Private Law