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
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
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