Does the freedom of establishment in the EC Treaty provide a right to merge across borders?
Since the outcome of the recent ECJ case Sevic C-411/03 it is clear that a cross-border merger into another member state is protected by freedom of establishment (Art. 43, 48 EC Treaty). However, there is still no legal certainty concerning whether a cross-border merger from a member state must be legally recognised by that (home) member state. There are some good counter-arguments in the legal literature.
