Legal Perspectives on the Scope of the Tenth Company Law Directive on Cross-Border Mergers

European Current Law, No. 10, October 2008

5 Pages Posted: 20 Oct 2008

See all articles by Thomas Papadopoulos

Thomas Papadopoulos

Department of Law, University of Cyprus

Date Written: October 1, 2008

Abstract

This paper will try to analyze the most important aspects of the scope of Directive 2005/56 on cross-border mergers of limited liability companies (Tenth Company Law Directive, hereinafter Cross-border Mergers Directive) - (Directive 2005/56 on cross-border mergers of limited liability companies [2005] OJ L310/1). We will try to examine which categories of companies and what kind of transactions fall within the scope of the provisions of the Cross-border Mergers Directive. Cross-border mergers constitute a very efficient method of corporate restructuring which could contribute subsequently to the strengthening of the internal market. After many years of negotiations, the Cross-border Mergers Directive was finally adopted in December 2005. The European Commission strongly believed that it is therefore necessary, with a view to the completion and functioning of the single market, to lay down Community provisions to facilitate the carrying-out of cross-border mergers between various types of limited liability company governed by the laws of different Member States (Recital 1, Preamble of the Cross-border Mergers Directive).

Keywords: EU Cross-border Mergers Directive, Tenth Company Law Directive, harmonization, scope, categories of companies and transactions, European Company Law, Internal Market

JEL Classification: K20, K22, K39

Suggested Citation

Papadopoulos, Thomas, Legal Perspectives on the Scope of the Tenth Company Law Directive on Cross-Border Mergers (October 1, 2008). European Current Law, No. 10, October 2008, Available at SSRN: https://ssrn.com/abstract=1286762

Thomas Papadopoulos (Contact Author)

Department of Law, University of Cyprus ( email )

P.O. Box 20537
Nicosia, 1678
Cyprus

HOME PAGE: http://ucy.ac.cy/dir/en/component/comprofiler/userprofile/tpapad05

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