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Case C-276/22, Edil Work 2 and S.T.: Judgment of the Court (Third Chamber) of 25 April 2024 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – Edil Work 2 Srl, S.T. Srl v STE Sàrl (Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Company established in a Member State but carrying on its activities in another Member State – Operation and management of the company – National legislation providing for the application of the law of the Member State in which a company carries on its activities – Restriction on freedom of establishment – Justification – Protection of the interests of creditors, minority shareholders and staff – Prevention of abusive practices and artificial arrangements – Proportionality)
ECLI:EU:UNKNOWN:62022CA0276
62022CA0276
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Official Journal of the European Union
C series
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C/2024/3565
17.6.2024
(Reference for a preliminary ruling - Articles 49 and 54 TFEU - Freedom of establishment - Company established in a Member State but carrying on its activities in another Member State - Operation and management of the company - National legislation providing for the application of the law of the Member State in which a company carries on its activities - Restriction on freedom of establishment - Justification - Protection of the interests of creditors, minority shareholders and staff - Prevention of abusive practices and artificial arrangements - Proportionality)
(C/2024/3565)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Edil Work 2 Srl, S.T. Srl
Defendant: STE Sàrl
Intervening party: CM
Operative part of the judgment
must be interpreted as precluding legislation of a Member State which provides generally for its national law to apply to the acts of management of a company established in another Member State but carrying on the main part of its activities in the first Member State.
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ELI: http://data.europa.eu/eli/C/2024/3565/oj
ISSN 1977-091X (electronic edition)
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