Preliminary communication

Cross-border Mobility of the Companies in EU

Saša Prelič ; Pravni fakultet Sveučilišta u Mariboru
Jerneja Prostor ; Pravni fakullet Sveučilišta u Mariboru

Abstract

The fr eedom of establishment, provided by the Treaty on the Functioning of the European Union, is a suitable legal basis for effective cross-border corporate restructuring of companies in European Union. There are some possible methods to exercise this freedom, specially regulated with secondary acts, like cross-border mergers and the establishment and economic operation in the legal form of Societas Europaea, whereas the cross-border transfer of the company (its seat) shall be in the light of the case law of the Court of Justice of the European Union admitted on the basis of the Treaty on the Functioning of the European Union. Companies therefore in their intention for cross-border mobility do not need to reconstruct by using the general provisions on establishment and liquidation of companies and through the way of singular succession. There are possibilities, regulated on the EU level, through which companies shall emigrate or spread their business activities to other Member States much simpler and with less cost on the basis of universal succession. The regulation of procedures and the advantages of the mentioned reconstruction methods will be analysed in this article.

Keywords

freedom of establishment; corporate restructuring; cross-border mergers; Societas Europaea; cross-border transfer of the seat

Hrčak ID:

141249

URI

https://hrcak.srce.hr/141249

Publication date:

13.4.2015.

Article data in other languages: slovenian

Visits: 1.635 *