Review article
Personal statute of company and specific European companies in European private international law
Vilim Bouček
Abstract
Bearing in mind the historical development of personal statute of company in European private and autonomous international law, and the judicature of the European Court and legislative solutions in European civil procedural law (The Bruxelles Convention and the Brussels Regulation I) and special conflict of law rules for specific European companies (Societas Europaea etc) it can be concluded that company by-laws in European private international law have not been integrally resolved either by legislation or by judicature of the European court.
The lack of clear primarily legislative legal solution of the company by-laws according to the Articles 61 c) and Article 65, rather than the Article 308 of the Treaty of European Community, or only in a subsidiary way, without a definite ruling of the European Court on solving this conflict of laws question, have resulted in a lack of uniformity both in European private international law and in European law which postpones the complete development of common, or internal market. Because of all this, EU citizens could ask: until when will the good (!?) spirit of Daily Mail doctrine float over the area of freedom, security and justice? O, to paraphrase late Prof. Kegel in quoting Shakespeare: Is something rotten (only) in the Kingdom of Denmark?
Keywords
company by-laws; rulings of the European Court: Daily Mail, Centros, Überseering, Inspire Art and Sevic; European joint stock company (Societas Europaea)
Hrčak ID:
6430
URI
Publication date:
5.12.2006.
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