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connecting factors ex article 48 ec

European Business Organization Law Review (EBOR) (1)

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Exit restrictions on freedom of establishment after Marks & Spencer
Gert-Jan Vossestein
Journal:

European Business Organization Law Review (EBOR) / Volume 7 / Issue 4 / December 2006

Published online by Cambridge University Press:

29 January 2007, pp. 863-878

Print publication:

December 2006
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Article 43 EC prohibits not only restrictions on freedom of establishment on the part of the host State but also those restrictions that are attributable to the State of origin. This article focuses on the latter aspect, the prohibition on ‘exit restrictions’, which was at the centre in the European Court of Justice's recent judgment in Marks & Spencer.