The European Company Law Action Plan revisited : reassessment of the 2003 priorities of the European Commission

Author(s)

• Geens, K. (Koen)
• Hopt, Klaus J.

Bibliographic Information

The European Company Law Action Plan revisited : reassessment of the 2003 priorities of the European Commission

edited by Koen Geens and Klaus J. Hopt

Leuven University Press, c2010

• : pbk

Note

Includes bibliographical references

Description and Table of Contents

Description

The harmonisation of company law has always been on the agenda of the European Union. Besides the protection of third parties affected by business transactions, the founders had two other objectives: first, promoting freedom of establishment, and second, preventing the abuse of such freedom. In fact, the fear of the Netherlands becoming the ‘Delaware of Europe’ (in terms of competition among Member States) seemed real, until, ironically, at the beginning of the 21st century, it was the privilege of the Dutch (and the Danish) state to fail in making the abuse argument before the European Court of Justice. The Court was apparently at ease since comparative law research had shown that the U.S. model of state competition was more fruitful than harmful: Delaware had, among U.S states, developed the most sophisticated corporate law, and nurtured the country’s most experienced company law judges. Therefore the Commission felt ready to refocus its company law strategy. On the basis of the so-called Winter Group Report, it wrote its Company Law Action Plan, which was issued on 21 May 2003. Now, six years later, a revisit is appropriate. In this volume researchers of the Jan Ronse Institute for Company law of the Katholieke Universiteit Leuven present five papers on the main priorities of the Action Plan: capital and creditor protection, corporate governance, one share one vote, financial reporting, and corporate mobility. The book also includes responses and ensuing discussions by reputed European company law experts. The conclusion of the book is written by Jaap Winter.

Table of Contents

Table of Content Preface by K. Geens and K.J. Hopt The European Company Law Action Plan Revisited: An Introduction by K.J. Hopt I. Reforming Legal Capital: Harmonisation or Fragmentation of Creditor Protection? Paper by J.M. Nelissen Grade and M. Wauters Response by J. Rickford Discussion (Chair D. Martin) II. Corporate Governance in a European Perspective Paper by H. Laga and F. Parrein Response by E. Wymeersch Discussion (Chair P. Davies) III. One Share One Vote: Fairness, Efficiency and EU Harmonisation Revisited Paper by K. Geens and C. Clottens Response by J.M. Garrido Garcia Discussion (Chair P. Montagnon) IV. Belgian and European Accounting Law 30 years after the Fourth EC Directive. A route planner in a landscape scattered with (a growing number of) crossroads Paper by K. Van Hulle and F. Hellemans Response by H. Beckman and Peter Van der Zanden Discussion (Chair H. Olivier) V. Corporate Mobility Paper by M. Wyckaert and F. Jenné Response by L. Timmerman Discussion (Chair J. Meyers) Transcript of Panel Debate The European Union's Involvement in Company Law and Corporate Governance Conclusion by J. Winter

by "Nielsen BookData"

Details

• NCID: BB03167604
• ISBN:
  • 9789058678058
• LCCN: 2010412745
• Country Code: be
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Leuven
• Pages/Volumes: 376 p.
• Size: 24 cm
• Classification:
  • LCC : KJE2451.A5
• Subject Headings:
  • LCSH : Corporation law -- European Union countries
  • LCSH : Corporate governance -- European Union countries
  • LCSH : Law -- European Union countries -- International unification