Towards a European Framework for Cross-Border Group Management
European Company Law, Vol. 13, No. 5, 2016
9 Pages Posted: 6 Dec 2016 Last revised: 7 Jan 2017
Date Written: December 5, 2016
The cross-border group of companies is the prevailing form of European enterprises, but European company law does not reflect this reality. Even though, in this respect, Article 49 TFEU expressly guarantees the creation of subsidiaries, there are still many obstacles when it comes to create and manage a foreign subsidiary. Harmonization should step in as a means to facilitate cross-border establishment. Several expert groups have recently taken the initiative to elaborate a European framework for corporate groups. This article will analyse the different proposals and conclude with recommendations for future steps to be taken by the European legislator.
Suggested Citation: Suggested Citation