Traduction de «L'État membre dans lequel le titulaire a son siège » (Français → Anglais) :

1. Where necessary in the Community's interest, the Commission may bring invalidity proceedings against a Community patent before the CPC which has jurisdiction regarding the Member State where the owner has his seat.

The proposal would extend to reinsurance companies the system for the authorisation and financial supervision of an insurance undertaking by the Member State in which it has its head office ('home country control').

Given that the Directive allows only the Member State where the company is created to levy capital duty, the Commission considers that Spain infringes the Directive when levying capital duty On the transfer of the registered office or the effective centre of management of a company from another Member State to Spain, if the creation of the relevant company had not been subject to capital duty in the other Member State (which under the Directive has an option not to apply a capital duty). On capital used for trading operations carried by Spanish branches and permanent establishments of companies created in other Member States which do not ...[+++] levy capital duty.

The planned Directive would enable companies to transfer their registered office from the Member State where they are registered (the "home" Member State) to another Member State (the "host" Member State), under an appropriate procedure providing legal certainty.

The first distinction is the one between the law of the Member State where the target company is listed (so called "market" rules) and the law of the Member State where the company has its registered office (so called "home" rules).

matters relating to the information of employees and company law shall be dealt with in accordance with the home rules and supervised by the authority of the Member State where the target company has its registered office;