Die Kapitalverkehrsfreiheit im Verhältnis zu Drittstaaten und ihre Auswirkung auf die Anerkennung ausländischer Gesellschaften

After Great Britain leaves the European Union, it will become a non-member country. Therefore, English corporations located in Germany have to be treated as partnership companies governed by German law. In the author’s view, this conclusion is not necessary. The object of this study is the unique position of the freedom of capital movement, as it is the only fundamental freedom with a scope of application towards non-member countries. However, the ECJ chooses to execute a restrictive judicial practice. The author shows that the scope of application of the freedom of capital movement may not be restricted in any way. As a consequence, the ruling in the case of “Überseering” has to be adapted to the freedom of capital movement. Therefore, corporations from third countries seated in Germany have to be acknowledged as such.