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Moving the centre of main interests from one Member State to the another may have a significant impact on both the extent and the content of the directors’ duties and liabilities, as well as on the enforcement of these duties. This situation could result in uncertainty for the creditors and...
Persistent link: https://www.econbiz.de/10014122924
After providing an overview of the regulatory framework for early warning tools and informal non-collective preventive procedures focused on facilitating negotiations with creditors outlined in the draft restructuring directive, issued on November 22, 2016, this Article focuses on the...
Persistent link: https://www.econbiz.de/10012901467
Investors do not physically hold their investment securities any more. Securities are held and transferred through a complex, sophisticated, and international network of financial intermediaries, including central securities depositories, investment banks, and brokers-dealers. Investors buy and...
Persistent link: https://www.econbiz.de/10014224763
Persistent link: https://www.econbiz.de/10013023742
As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...
Persistent link: https://www.econbiz.de/10012893073
This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...
Persistent link: https://www.econbiz.de/10012754430
Two events are currently changing the landscape for business restructurings in the European Union: the “Restructuring Recommendation” (RR) of the European Commission, issued in 2014, and the 2015 recast of the European Insolvency Regulation (EIR). In this paper, we critically review the RR...
Persistent link: https://www.econbiz.de/10012936928
In 2023 organizations can apply for a European patent with unitary effect in 25 European Union countries. The system brings many simplifications to obtaining protection, but it also comes with some limitations. The aim of the paper is to explore the possibilities and limitations that a European...
Persistent link: https://www.econbiz.de/10014259659
In Commission v. Greece, the Court of Justice of the European Union examined Article 345 TFEU (ex Article 295 EC) on property ownership, in the context of golden shares of privatized companies. The neutrality of the EU towards privatizations is questioned. The scope and the outer limits of...
Persistent link: https://www.econbiz.de/10013018761
Energy security and energy sovereignty have their national and international dimensions. In the EU Member States, these dimensions are further complemented by the EU perspective. The concept of raw materials and energy security, as currently proclaimed by a number of states, is probably too...
Persistent link: https://www.econbiz.de/10014152676