SEVIC: Beyond Cross-Border Mergers

10 Pages Posted: 11 Sep 2007

See all articles by Mathias Siems

Mathias Siems

European University Institute (EUI); University of Cambridge - Centre for Business Research; European Corporate Governance Institute (ECGI)

Abstract

In SEVIC, the European Court of Justice (ECJ) held that the refusal of a national commercial court to register a cross-border merger may constitute a violation of the freedom of establishment. In the future, this decision will be superseded by the new Cross-Border Merger Directive. Thus, the importance of the SEVIC decision could be doubted. This note, however, shows that SEVIC has significance beyond cross-border mergers, namely with respect to seat transfers, cross-border divisions and cross-border takeovers.

Keywords: EU company law, SEVIC, ECJ, freedom of establishment, cross-border mergers, cross-border divisions, cross-border takeovers, seat transfer

JEL Classification: K12, K22, K31

Suggested Citation

Siems, Mathias, SEVIC: Beyond Cross-Border Mergers. European Business Organization Law Review (EBOR), Vol. 8, No. 2, pp. 307-316, 2007, Available at SSRN: https://ssrn.com/abstract=1012613

Mathias Siems (Contact Author)

European University Institute (EUI) ( email )

Via Bolognese 156 (Villa Salviati)
Firenze, 50139
Italy

HOME PAGE: http://www.eui.eu/siems

University of Cambridge - Centre for Business Research ( email )

Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom

HOME PAGE: http://www.cbr.cam.ac.uk/people/research-associates/mathias-m-siems/

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: http://ecgi.global/users/mathias-siems

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
938
Abstract Views
3,623
Rank
45,933
PlumX Metrics