The Law Applicable to Companies in the European Union. A Proposal by the European Group for Private International Law

32 Pages Posted: 22 Oct 2016 Last revised: 29 Oct 2016

Date Written: October 21, 2016

Abstract

At its meeting in Milan on 16-18 September 2016, the European Group for Private International Law (GEDIP) adopted a set of draft rules that could serve as a basis for the adoption of an act of the European Union on the law applicable to companies. This paper offers an introduction to the GEDIP's proposal and describes the rationale of its main provisions. Section 2 summarises the ECJ case law on this issue, Section 3 identifies the core provisions of the Proposal and the policy decisions underpinning them, and Section 4 contains a succinct article-by-article commentary. The Proposal is included as Annex to this paper.

Keywords: Company law, choice of law rules, lex societatis

JEL Classification: K20, K22

Suggested Citation

Garcimartin, Francisco, The Law Applicable to Companies in the European Union. A Proposal by the European Group for Private International Law (October 21, 2016). Available at SSRN: https://ssrn.com/abstract=2857077 or http://dx.doi.org/10.2139/ssrn.2857077

Francisco Garcimartin (Contact Author)

University Autónoma of Madrid ( email )

Kelsen, 1
C/Kelsen, 1
Madrid, Madrid 28049
Spain

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
415
Abstract Views
1,287
rank
90,793
PlumX Metrics