Schwimbersky, SandraSandraSchwimbersky2019-09-192005-07-222004https://fis.uni-bamberg.de/handle/uniba/69Companies doing cross-boarder business in Europe can choose between several national and European legal alternatives. In the centre of this paper, are two of them: alternatives provided by the freedom of establishment and the European Company Statute. The focus of this paper is not on the practical implications of these two action alternatives for enterprises, but on the judicial issues arising in this context. After presenting the current rulings of the European Court of Justice regarding the freedom of establishment and the basic contents of the legal acts, council regulation No. 2157/2001 and council directive No. 2001/86/EC, regarding the European Company (SE), two issues of great importance are examined in this context: the issue of the governing law and the issue of harmonisation. Finally it is presented to the reader to what extent those European provisions are consistent, respectively, restrict one another.engSocietas Europaea, ECSfreedom of establishment, ECJ, governing law, incorporation doctrine, real seat doctrineSocietas EuropaeaECSfreedom of establishmentECJgoverning lawincorporation doctrinereal seat doctrine340workingpaperurn:nbn:de:bvb:473-opus-684