Abstract

In the long awaited judgment in the case VALE Építési kft (C-378/10), the Court of Justice of the EU stated that a cross-border conversion of a company registered in an EU Member State falls within the scope of the provisions of the TFEU governing the freedom of establishment. The primary European law (Articles 49 TFEU and 54 TFEU) enjoins national legislation from differentiating companies on the basis of domestic or crossborder nature of conversion. The Court set aside obstacles originating from the national law that hinder companies to fully enjoy the freedom of establishment. The case note appraises positively the approach taken by the Court in the VALE decision and analyzes its consequences for the interpretation and application of the Polish company law.