Council Regulation (EEC) No 2137/85Show full title

Article 4 U.K.

1. Only the following may be members of a grouping:

(a) companies or firms within the meaning of the second paragraph of Article 58 of the Treaty and other legal bodies governed by public or private law, which have been formed in accordance with the law of a Member State [F1 or the law of the appropriate part of the United Kingdom] and which have their registered or statutory office and central adminsitration in the Community [F2 or in the United Kingdom]; where, under the law of a Member State [F1 or the law of the appropriate part of the United Kingdom], a company, firm or other legal body is not obliged to have a registered or statutory office, it shall be sufficient for such a company, firm or other legal body to have its central administration in the Community [F2 or in the United Kingdom];

(b) natural persons who carry on any industrial, commercial, craft or agricultural activity or who provide professional or other services in the Community [F3 or in the United Kingdom].

[F4 2. A grouping must comprise at least—

(a) two companies, firms or other legal bodies, within the meaning of paragraph 1—

(i) which have their central administrations in different Member States; or

(ii) at least one of which has its central administration in the United Kingdom and one of which has its central administration in a Member State; or

(b) two natural persons, within the meaning of paragraph 1—

(i) who carry on their principal activities in different Member States; or

(ii) at least one of whom carries on his or her principal activities in the United Kingdom and one of whom carries on his or her principal activities in a Member State; or

(c) a company, firm or other legal body within the meaning of paragraph 1 and a natural person, of which the first has its central administration in one Member State and the second carries on his or her principal activity in another Member State; or

(d) a company, firm or other legal body within the meaning of paragraph 1 (“the first body”) that has its central administration in a Member State or in the United Kingdom and a natural person that carries on his or her principal activity in the United Kingdom (where the first body has its central administration in a Member State) or in a Member State (where the first body has its central administration in the United Kingdom).]

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 4(1)(a) inserted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 37(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 4(1)(a) inserted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 37(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 4(1)(b) inserted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 37(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 4(2) substituted (31.12.2020) by The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 37(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 4(3)(4) omitted (31.12.2020) by virtue of The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1299), regs. 1, 37(d); 2020 c. 1, Sch. 5 para. 1(1)