Expansion of the Applicability of EU Company Law Directives via Analogy? – A Study Based on the Example of Greek Sea Trading Companies –

Tellis Nikolaos D.
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Tellis Nikolaos D.: *Prof. Dr., University of Thessaloniki, Greece, Attorney-at-Law.

European Company and Financial Law Review, 2008, vol. 5, issue 3, 353-377

Abstract: The Greek Sea Trading Company does not fall within the scope of the EU Company Law Directives. However, this type of company has in common with the capital companies subject to the secondary EU Company Law (stock corporation, limited liability company) that it offers no safeguards to third parties beyond the amounts of its net assets, due to the fact that no shareholder is liable for company obligations. Having regard to this substantive similarity, it is to be examined first, whether the secondary EU Company Law and especially the Fourth Directive shall apply to the Greek Sea Trading Company by way of analogy. Given that this question is answered in affirmative, it is to be asked further which are the consequences of the incompatibility of the national regulations regarding the Sea Trading Company with the secondary EU Company Law.

Date: 2008
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DOI: 10.1515/ECFR.2008.353

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