Under the Treaty Establishing the European Community, corporations are entitled to free establishment. Recently, the European Court of Justice's Inspire Art decision has clarified its scope and has in principle introduced place of incorporation doctrine as choice-of-law rule, thus granting corporations free choice of the Member State of incorporation. In the US, free choice has caused the "Delaware Effect". This paper analyzes if Inspire Art will cause a similar development in the EU. The EU and US contexts will be compared. Germany will serve as an example. As different circumstances exist in the EU, free choice is more limited and fraught with uncertainties. The thesis of this paper is that regulatory competition in the EU is unlikely and not desirable because of cultural differences. Therefore, minimum harmonization is preferable.

The 'Open Skies' policy launched by the United States in 1992 gave birth to new bilateral agreements between them and most Member States of the European Union, as the latter were adopting a single aviation market. Nevertheless, the nationality clause the agreements included conflicted with the Community principle of freedom of establishment. / On November 5, 2002, the European Court of Justice therefore ruled there was indeed violation. However, the true question raised by the agreements focused less on such violation, which was anterior to those agreements, than on their fragmentation and the inequality they created in the Europe/United States aviation relations. / Indeed, the issue to be stressed in the judgments is linked to the building of the external competence of the Union with regards to aviation. While the Court refused to grant total competence to the Community, it made that of the Member States impracticable, leading to a global mandate for the Commission. / Although the orientations of the agreements to be concluded are foreseeable, the role the European Union will play in a potential multilateral negotiation remains to be defined.

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Thesis (M.S.)--Missouri State University, 2008. / "May 2008." Includes bibliographical references (leaves 93-103). Also available online.

Zugl.: Leipzig, Univ., Diss., 2008 / Includes bibliographical references (p. 159-181).

Thesis (M.A.)--University of Canterbury, 2008. / Typescript (photocopy). Includes bibliographical references (p. 114-122). Also available via the World Wide Web.

Thesis (Doctoral)--Göteborg Universitet. / Thesis title and abstract on inserted sheet. Includes bibliographical references.

Originally a Ph. D. Thesis--University of Essex, 1999. / Includes bibliographical references.

Originally a Ph. D. Thesis--University of Essex, 1999. / Includes bibliographical references.

"Zugleich Freie Universität Berlin, Dissertation, 2005"--T.p. verso / Includes bibliographical references.