δείτε την πρωτότυπη σελίδα τεκμηρίου στον ιστότοπο του αποθετηρίου του φορέα για περισσότερες πληροφορίες και για να δείτε όλα τα ψηφιακά αρχεία του τεκμηρίου*
A Critical Assessment Of The Tenth Compamy Law Directive
(Directive 2005/56/EC Of The European Parliament And Of The Council)
On Cross-Borders Mergers
Droungelidou, Maria
This dissertation was written as part of the LLM in “Transnational and European Commercial Law and Alternative Dispute Resolution” at the International Hellenic University. It discusses the legal regime of the 2005/56 Directive on cross-border mergers of limited liability companies. This Directive is a fundamental European Union legal instrument enacted with a view to facilitate corporate mobility of companies situated in different Member States of the European Union and the European Economic Area and, subsequently, to promote the single market completion, by eliminating national borders implying restrictions to freedom of establishment of companies. Accordingly, the aim of this paper is to provide a thorough examination of the legal framework of this crucial legislative initiative and to assess it in a clearly documented way. In that respect, in the first part, we start with an introductory analysis referring to historical background and, then, we proceed to more specific issues, defining the basic legal concepts and rules laid down in the Directive in question. In the second part, we try to address an overall assessment of the Directive legal regime, outlining its advantages and disadvantages. It is argued that only a profound understanding of the relationship between the respective Directive and other European regulatory approaches could reveal the former’s benefits and drawbacks, in order to attain a successive assessment of that; therefore, an investigation of such a relationship is provided in the third part; note, emphasis is given to the relationship between the Directive at issue and the ECJ case law on cross-border mergers. The fourth part deals with the author’s opinion, as well as with some likely recommendations for a possible improvement of the Directive that are deemed helpful. After that, we scrutinize the incorporation of this directive into Greek company law and designate some assumptions. Finally, we conclude our investigation with a reference to some later amendments of the Directive that have already taken place, as well as to some new initiatives proposed by the new European Commission, so as to come to a conclusion-hope regarding the Directive’s future course.
*Η εύρυθμη και αδιάλειπτη λειτουργία των διαδικτυακών διευθύνσεων των συλλογών (ψηφιακό αρχείο, καρτέλα τεκμηρίου στο αποθετήριο) είναι αποκλειστική ευθύνη των αντίστοιχων Φορέων περιεχομένου.
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