Golden shares and the jurisprudence of the European Court of Justice
Chatzigiannakos, Zisis
In the first Chapter I made some introductory remarks on Golden Shares (emergence, definition, types, rationale and legal forms), while in the second one I referred the forms of Golden Shares adopted within the EU and divided them in specific categories depending on their structure. In the third Chapter I analyzed the legal framework within which the ECJ resolved the legal issues arisen from Golden Shares with an extensive reference to the Communication of the Commission on Certain Legal Aspects Concerning Intra EU Investment, the 88/361 EEC Directive, the Free Movement of Capital, the Freedom of Establishment, the Public Interest Exception and the Proportionality Principle. In the fourth Chapter I underlined the economic impacts of Golden Shares with a specific reference to the factors used in the assessment of the Oxera. In the fifth Chapter I presented the complexities of the so-called VW case, which was a decision of fundamental importance for the Golden Shares regime concluding with certain comments on all aspects of the case (both legal and economic). In the sixth Chapter I remarked the tensions between the Takeover Directive and Golden Shares, since the protection of “national” companies from hostile takeovers was the predominant reason for the issuance of Golden Shares. In the seventh Chapter I pointed out my overall comments on all dimensions of the ECJ’s case law in the respective issue, while in the last one I made some proposals for the legal and genuine future of Golden Shares, thirteen years after the issuance of thefirstdecision.
masterThesis
Dissertations, Academic
Government business enterprises--Law and legislation
