This paper critically reviews the EU Commission's proposals for a reform of the European Insolvency Regulation (EIR). The focus of the paper is on the Regulation's use as a tool for business restructuring in Europe. The paper argues that the Commission's proposals are not based on sound...

Abuse of law is a concept that can be found in the private laws of many jurisdictions in the world. The EuropeanCourt of Justice has recently resorted to the concept quite oftenwhen dealingwith the reach of the fundamental freedoms guaranteed by the EC Treaty. This article applies the abuse of...

After a slow start, the European Company (Societas Europaea, SE) has become increasingly popular. Beside documenting the growth of this new company type, we examine whether firms choose to incorporate in the SE corporate form because they engage in 'legal arbitrage' by exploiting differences in...

When Council Regulation (EC) No 2157/2001 on the Statute for a European Company (Societas Europaea - SE) became effective on 8 October 2004, it offered publicly traded companies, for the first time, a choice between competing company laws, namely the national law of the company’s home state...