Polbud - Wykonawstwo sp. z o.o., in liquidation

European Union – Freedom of establishment. Articles 49 and 54 of the Treaty on the functioning of the European Union should be interpreted as precluding legislation of a member state which provided that the transfer of the registered office of a company incorporated under the law of one member state to the territory of another member state, for the purposes of its conversion into a company incorporated under the law of the latter member state, in accordance with the conditions imposed by the legislation of that member state, was subject to the liquidation of the first company. The Court of Justice of the European Union so held in a preliminary ruling in an action brought by a company against the decision to refuse its request that it be removed from the Polish commercial register, following the transfer of its registered office to Luxembourg

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