Cartesio Oktató és Szolgáltató bt
European Union Court of Justice
Case C-210/06, 2008 E.C.R. I-9641 (2008)
- Written by Elliot Stern, JD
Facts
Cartesio Oktató és Szolgáltató bt (Cartesio) was a limited partnership formed under the law in Hungary and originally had its central administration in Hungary. Cartesio then moved its central administration to Italy. Under the law in Hungary, the seat, or registered address of a company, was the place of the company’s central administration. Cartesio applied to change its seat from Hungary to Italy, but Hungary rejected the request because Hungarian law did not permit a company to move its seat outside of Hungary while retaining the company’s status as a company formed under Hungarian law. Cartesio appealed, arguing that the denial by the Hungarian court constituted a violation of Cartesio’s right of establishment under the Treaty on the Functioning of the European Union (TFEU). The Hungarian court requested a preliminary ruling from the European Union Court of Justice.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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