CELEX: 62013CN0629
Language: en
Date: 2013-12-02 00:00:00
Title: Case C-629/13: Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach (Poland) lodged on 2 December 2013 — Adarco Invest sp. z o.o established in Petrosani (Romania), Polish branch in Tarnowskie Góry

8.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/6
            
         
      Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach (Poland) lodged on 2 December 2013 — Adarco Invest sp. z o.o established in Petrosani (Romania), Polish branch in Tarnowskie Góry
      (Case C-629/13)
      (2014/C 71/10)
      Language of the case: Polish
      
         Referring court
      
      Sąd Okręgowy w Gliwicach
      
         Party to the main proceedings
      
      
         Appellant: Adarco Invest sp. z o.o established in Petrosani (Romania), Polish branch in Tarnowskie Góry
      
         Question referred
      
      Do Articles 49 and 54 of the Treaty on the Functioning of the European Union and Article 1 of the Eleventh Council Directive concerning disclosure requirements in respect of branches opened in a Member State by certain types of company governed by the law of another State (1) preclude refusal in a Member State to remove from the Krajowy Rejestr Sądowy (commercial register) a branch of a company established in another Member State in so far as that branch has not been wound up in accordance with the procedure laid down for winding up a domestic limited liability company, whereas such a procedure does not have to be carried out to remove a branch of a domestic company from the register? In the case of domestic companies, branches are entered only in the registration of the domestic company and that company is obliged to submit a consolidated financial statement covering the parent company and its branches, whilst branches of foreign companies are registered in the Krajowy Rejestr Sądowy (commercial register) and submit to the register only a financial statement for the branch.
      
         (1)  OJ 1989 L 395, p. 36.