Llm 2008-2009 international regulation of companies 1


SEMINAR 3 : COMPANY LAW AND THE EUROPEAN COMMUNITY I



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SEMINAR 3 : COMPANY LAW AND THE EUROPEAN COMMUNITY I

Discussion
This seminar will focus on three main areas:
(a) the aims and legal sources of the company law harmonisation programme;

(b) the implications for the development of company law of that programme and the right of establishment as exemplified by the Centros, Uberseering and Inspire Art cases; and

(c) the conflict of law issues raised by movement of company registered offices.

Prepare from the reading to discuss some of the following issues in small groups:




  • What limitations do the legal bases present for some aspects of the harmonisation programme?




  • What are the limitations of harmonisation?




  • Is it possible to discern a particular theoretical view of the corporation in the EC company law programme?




  • Is there a conflict between the goals of the single market and regulation of corporations?







  • Has the power of member states to decide on their own approach to linking companies to legal systems – real seat or place of registration been destroyed by the European Court of Justice enforcing the Right of Establishment?




  • What are the implications of the report of the High Experts on Company Law (Winter Report) and the Commissions plane to develop Company Law – where is European Company Law going (“Quo Vadis?”)

In the next seminar we will build on the work of this discussion and consider in more detail some specific aspects of the harmonisation programme, as it applies to company law and securities markets regulation. We shall also consider the overall question of whether harmonisation is ultimately about compromise and retreat.





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