CELEX: C2006/036/08
Language: en
Date: 2006-02-11 00:00:00
Title: Judgment of the Court (Grand Chamber) of  13 December 2005  in Case C-411/03, Reference for a preliminary ruling from the Landgericht Koblenz in proceedings against SEVIC Systems AG (Freedom of establishment — Articles 43 EC and 48 EC — Cross-border mergers — Refusal of registration in the national commercial register — Compatibility)

11.2.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/5
            
         
      JUDGMENT OF THE COURT
   
   (Grand Chamber)
   of 13 December 2005
   in Case C-411/03, Reference for a preliminary ruling from the Landgericht Koblenz in proceedings against SEVIC Systems AG (1)
   
   (Freedom of establishment - Articles 43 EC and 48 EC - Cross-border mergers - Refusal of registration in the national commercial register - Compatibility)
   (2006/C 36/08)
   Language of the case: German
   In Case C-411/03: reference for a preliminary ruling under Article 234 EC from the Landgericht Koblenz (Germany), made by decision of 16 September 2003, received at the Court on 2 October 2003, in proceedings against SEVIC Systems AG — the Court (Grand Chamber) composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas and K. Schiemann, Presidents of Chambers; C. Gulmann (Rapporteur), J.N. Cunha Rodrigues, R. Silva de Lapuerta, K. Lenaerts, P. Kūris, E. Juhász, G. Arestis and A. Borg Barthet Judges; A. Tizzano, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 13 December 2005, the operative part of which is as follows:
   Articles 43 EC and 48 EC preclude registration in the national commercial register of the merger by dissolution without liquidation of one company and transfer of the whole of its assets to another company from being refused in general in a Member State where one of the two companies is established in another Member State, whereas such registration is possible, on compliance with certain conditions, where the two companies participating in the merger are both established in the territory of the first Member State.
   
      (1)  OJ C 289, 29.11.2003.