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Maria V. Kaurakova

On European Companies in Private International Law

On European Companies in Private International Law

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  • More about On European Companies in Private International Law

The European Union's Council Regulation (EC) No 2157/2001 on the Statute for a European Company (SE) is an important legal instrument for promoting the cross-border activity of corporations and ensuring legal certainty in carrying out a cross-border corporate activity and its restructuring. However, there are questions about whether the regulation has given the nationals of the European Union the legal form they expected and desired, and whether there are changes in private international law regulation with respect to the formal enlargement of the definition of a corporation inherent to this legal act. This book provides the answer to these and other issues.

Format: Hardback
Length: 180 pages
Publication date: 08 July 2021
Publisher: Claeys & Casteels Publishers BV

Nobody questions the crucial part that corporations play in civil and commercial transactions as one party, representing a multitude of interests. These transactions, traditionally carrying significant risks, have long been recognized as a primary legal and social, as well as economic, form of engagement. The European Union has long set its sights on achieving economic and political prominence, which can be further fueled by supporting cross-border corporate activities that align with the dimensions of the single market.

Throughout various legal acts of the European Union, it becomes evident that the dynamic and expanding single market necessitates the introduction of rational legal frameworks, models, and institutions through relevant legal instruments. One such instrument is the Council Regulation (EC) No 2157/2001 of 8 October 2001, known as the Statute for a European Company (SE). This regulation introduces a new concept of a legal person, free from the sole jurisdiction of national laws of Member States, giving rise to a distinct legal entity known as a European company (Societas Europaea or SE). By directly applying throughout Europe, bypassing the challenge of translating European Union rules into national laws of Member States, this act aims to provide legal certainty for conducting cross-border corporate activities and facilitating their restructuring within a new legal framework, ensuring the continuity of corporate existence.

However, it is important to examine whether the Council of the European Union has fulfilled the expectations and desires of its nationals regarding the legal form granted to European companies. How does the legal status of a European company differ from that of a national corporation, initially composed of the same individuals? Additionally, are there any changes in private international law regulation concerning the formal enlargement of European companies?

Weight: 438g
Dimension: 224 x 180 x 16 (mm)
ISBN-13: 9789077644454

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