kaal:claim:617681-027

Member States can avoid at least part of the result in Centros and Inspire Art by recharacterizing what used to be corporate law as creditor protection law, provided the recharacterized rule does not discriminate against foreign corporations.

Source quote, verbatim

this answer suggests that Member States can avoid at least part of the result in Centros and Inspire Art by recharacterizing what used to be corporate law as creditor protection law.

From

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004), D.II.2 Incomplete Information About How Judges will Resolve Conflict of Laws Problems, p. 32
https://ssrn.com/abstract=617681 · source PDF

Cite as

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

Holds when

non discriminatory national measures

Classification

failuresupport: arguedfailure: doctrinal-recharacterizationfamily: jurisdictional-conflictregulatory-failure

Verify

The quote above is an exact substring of the source PDF, whose sha256 is e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834. Extraction method: pdf-text-layer.
Attestation record: colloquium/attestations/dfcf1453056021fc...json
Verify the binding yourself: curl -s https://wulfkaal.github.io/claims/617681-027.md | sha256sum