The European Justice ends with the restriction to change de corporate address in the EU, and the Notaries of Europe ask for a regulation on the transfer of the headquarters of the companies in the common space.

On October 25^th of 2017, a judgment has been given resolving the case Polbud vs Polish Government, being Polbud a company constituted in Poland, that decided to move its corporate address to Luxemburg, despite the Polish Law force it to do the company liquidation in order to transfer it to another state. The Court of Justice of the European Union recognizes the freedom of establishment to all the companies built according with the legislation of a Member State and whose corporate address, central administration or main activity centers are within the EU, as long as they fulfil the regulation and the requirements for the company formation defined in the country that they are moving. The Court understands that, establishing the corporate address according another Member State in order to benefit from a more advantageous regulation, does not constitute an abuse, and that only can be justified some restrictions in order to guarantee the protection of the creditors, minority owners and workers interests, but understanding in this case that the Polish measures are excessive and a restriction to the supported freedom of establishment. In the same vein, the 4th Congress of the European Notaries took place, and they discussed about two topics: the protection of the consumers in the digital world and the movement of the corporate address of the companies in the EU. The Notaries have insist in the need of developing a legislation that regulates about the transfer of the companies’ headquarters in the EU and the rules to protect of the workers, minority owners and creditors, and doesn’t allows to avoid the legal, social and fiscal measures of the EU and the origin member State. The need of having a legislation, and to regulate that the companies would be able to decide in a nimble way the change of their headquarters, has been evidenced with the Brexit.