Modernization of European Company Law and Corporate Governance: Some Considerations on Its Legal LimitsThis book is about the modernization of European company law and corporate governance. More particularly, it addresses two main questions: (1) to what extent does the European Community (or its institutions1) enjoy legislative competence in the field of company law and corporate governance and, once this competence has been established; (2) which - legal - requirements apply to the exercise of this competence. |
Contents
Introduction | 1 |
Future Developments | 26 |
Institutions | 29 |
Real and Continuous Link | 59 |
The Power to Attain Freedom of Establishment | 77 |
Coordination of the Safeguards | 103 |
Scope Ratione Materiae | 110 |
Freedom of Establishment and External Provisions | 118 |
Concluding Remarks | 166 |
The Prohibition of Article 43 EC as a Limit to | 193 |
1 | 207 |
Concluding Remarks | 228 |
2 | 235 |
Further Initiatives | 254 |
| 277 | |
| 281 | |
Freedom of Establishment and Regulatory Competition | 124 |
B Analysis of the SCE Regulation in View of Article 308 EC | 154 |
Common terms and phrases
Action Plan adopted amending apply Article 308 Article 43 EC Article 95 attainment of freedom based on Article British American Tobacco Cartesio case-law cited CML Rev Commission Community legislature company law instruments competence concerned constitute a restriction coordination Corporate Governance Court of Justice cross-border mergers dealt Deventer Directive on cross-border Directive on takeover EC company law EC Treaty economic emphasis added European Company Law European Parliament European Union exercise free movement freedom of establishment functioning harmonization Ibid Inspire Art internal market issue legal basis legislation Lenaerts limited liability companies mandatory bid rule Member Modernising Company Law national law Nuffel objective obstacles paragraph paras Parliament and Council Parliament v Council particular preamble principle of subsidiarity prohibition proposal protection question reciprocity rule referred regards registered office regulatory competition restriction on freedom right of establishment SCE Regulation scope Sevic specific takeover bids Tobacco Advertizing Treaty provisions Überseering Weatherill