THE CROSS-BORDER CONVERSION – A POSSIBLE SOLUTION FOR THE MOBILITY OF COMPANIES IN EUROPEAN UNION

Charlotte Ene ()
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Charlotte Ene: Department of Law, Bucharest University of Economic Law, Romania

Perspectives of Law and Public Administration, 2020, vol. 9, issue 1, 54-57

Abstract: For decades, the institutions of European Union have strived a varied range of efforts to bring the treaty provisions regarding the freedom of establishment of the companies within the single market into operation. In the view of the Court of Justice of the European Union, developed in several decisions issued from the Centros until the Polbud case, the freedom of establishment for companies includes, inter alia, the right to cross-border conversions, consisting in the possibility of a company having the nationality of a Member State to convert itself into a company governed by the legislation of the other Member State without losing its legal personality. Recently, a very welcomed piece of legislation, the Directive 2019/2121 on cross-border conversions, mergers and divisions - as part of the EU company law package, was adopted in order to stimulate cross-border mobility of the companies, and, in the same time, to provide a coherent framework for the complex cross-border operations (meaning the cross-border conversions, mergers and divisions). The question is if this directive will provide sufficient protection for the multiple stakeholder of the companies.

Keywords: EU Company Law, cross-border conversion; freedom of establishment; cross-border mobility of companies; the case C-106/16 Polbud; the Directive (EU) 2019/2121. (search for similar items in EconPapers)
JEL-codes: K22 K33 (search for similar items in EconPapers)
Date: 2020
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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