2.3.7. Sitintnar

The conclusion must be that interests such as employment and regional or national

economic infrastructure are not capable of justifying obstacles to trade. The interests

remain of an essentially economic nature, aimed at the protection of a Member State's

domestic economy. To the extent that the universal application of the law of deployment

purporting to protect these interests results in obstacles to trade, it must theretore

be considered to be unlawful. As far as the freedoms are concerned, the European

law of deployment appears generally to be restricted to the objective of value maximisation

for the benefit of creditors. It should be stressed that this restriction is

imposed not because it would go against 'bankruptcy law's logic' in Jackson's way.

If anything, the law on state aids suggests that objectives of insolvency law going

beyond the maximisation of value for the creditors may be compatible with the internal

market. However, because of the economic nature of the interests and the distortion

of competition involved, those objectives are not eligible for justification in the context

of the freedoms. Such objectives will have to be obtained through means other than

those resulting in an obstacle to trade. In other words, it goes against the 'logic and

limits' oi Community law.