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By Catherine CATHIARD, Avocat à la Cour (*)
On April 25, 2024, the CJEU handed down an important decision for European company law in the area of freedom of establishment for companies (Edil Work 2 S.r.l., S.T. S.r.l. v STE S.a.r.l.)(1).
In this case, an Italian company named Agricola Torcrescenza Srl, whose business was the management of a castle in Italy, its sole asset, decided to transfer its registered office to Luxembourg, where it was converted into a Luxembourg company named STE, while continuing to operate the castle.
S.B. was appointed as sole director. On that occasion, S.B. appointed F.F. (who was neither a shareholder nor a member of the board of directors of STE) as general agent, granting him the power to...
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