[en] Company Law, Private International Law, European Union Law ; Allocation of Jurisdiction
[en] There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of a subsidiary company within a corporate group. English Courts in Anglo American South Africa Limited after a re-evaluation of the correctness of previous decisions by English judges on the subject of Article 60(1)(b), provided an autonomous interpretation of central administration, and sought to apply the concept of central administration in a “European way” to a subsidiary company within a corporate group. The author challenges the approach of English judges for not referring the question of how Article 60(1)(b) applies to corporate groups to the CJEU.
University of Luxembourg: Faculty of Law, Economics and Finance
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