In the wake of the economic crisis of 2008/09 the debate about the desirability of control-enhancing mechanisms that deviate from the traditional one-share-one-vote standard has been reinvigorated. This debate can be seen in the discourse of policy makers and academics that advocate the...

The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are...

This paper analyzes the ECJ's approach towards abusive behavior in company law and assesses the impact that the leading cases since 1999 have had both on business behavior in the EU and on the national law-makers who have responded to the opening of the markets. It is shown that the Court has...

This paper discusses new data on regulatory competition in European company law and the impact of national law reforms, using the example of English company law forms being used by German start-ups. Since 1999, entrepreneurs in the EU have been allowed to select foreign legal forms to govern...

This chapter argues that the work of the European Banking Union remains incomplete in one important respect, the structural re-organization of large European financial firms that would make “resolution” of a systemically important financial firm a credible alternative to bail-out or some...

Prelims -- Preface -- Contents -- Contributors -- 1 The Evolution of Insolvency law in France -- 2 The Reforms of the Enterprise Act 2002 and the Floating Charge as a Security Device -- 3 The Effect of the Enterprise Act 2002: Empirical Research into Corporate Insolvency -- 4 Comment and Summary...