In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member states’ l...

The European Commission has put forward in 2014 certain consultations dealing with companies, aiming to simplify and increase legislative consistency in that field. Legal effectiveness play the central role, but limits concerning the legal basis in the Treaty should always be checked out. By the most recent of these consultations, the Commission aimed at improving the legal framework of the Directive 2005/56/EC (Cross-Border Merger Directive),...