References of "European Company Law"
     in
Bookmark and Share    
Full Text
Peer Reviewed
See detailCross-border mobility within the EU and specifically in Luxembourg and Belgium: same destination, different roads
Corbisier, Isabelle UL; Bernard, François

in European Company Law (2019), 16(1), 18-30

Detailed reference viewed: 143 (16 UL)
Full Text
Peer Reviewed
See detailThe Veneto Banks Resolution: It Shall Be Called ‘Liquidation’
Asimakopoulos, Ioannis UL

in European Company Law (2018), (5),

The establishment of Banking Union and the Single Resolution Mechanism has been arguably a success for the Eurozone. However, the enforcement of the new rules seems to meet significant challenges related ... [more ▼]

The establishment of Banking Union and the Single Resolution Mechanism has been arguably a success for the Eurozone. However, the enforcement of the new rules seems to meet significant challenges related to legacy problems that could make bank resolution economically and politically unfavourable for Member States. Italy and the two Veneto banks that were liquidated under national laws in June 2017 constitute such a case. However, this paper argues that this ‘orderly liquidation’ was, in essence, a hidden resolution, which raises logical legality concerns as to the actions ultimately taken by the European and national resolution authorities. The fact that public interest for resolution was not found by the Single Resolution Board, but was instead established by the Commission to provide liquidation aid on the grounds of 107(3)(b) TFEU, combined with the reasoning of the Commission’s decision do not seem to conform with the bank resolution and state aid rules currently in place. [less ▲]

Detailed reference viewed: 70 (3 UL)
Full Text
Peer Reviewed
See detailAASA: locating the central administration of a subsidiary company which is part of a group of companies under Article 60 of Brussels I Regulation
Okoli, Chukwuma UL

in European Company Law (2015), 1

There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of ... [more ▼]

There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of a subsidiary company within a corporate group. English Courts in Anglo American South Africa Limited after a re-evaluation of the correctness of previous decisions by English judges on the subject of Article 60(1)(b), provided an autonomous interpretation of central administration, and sought to apply the concept of central administration in a “European way” to a subsidiary company within a corporate group. The author challenges the approach of English judges for not referring the question of how Article 60(1)(b) applies to corporate groups to the CJEU. [less ▲]

Detailed reference viewed: 214 (32 UL)