RELEVANT ASPECTS OF EU LEGISLATION AND CJEU JURISPRUDENCE ON TRADING COMPANIES
RELEVANT ASPECTS OF EU LEGISLATION AND CJEU JURISPRUDENCE ON TRADING COMPANIES

Summary/Abstract: The first part of the paper refers to the legal framework at the level of the European Union regarding commercial companies. The analyzed area is regulated largely by the member states of the Union, which, however, are obliged, by virtue of their statute, to permanently adapt their internal legal order on the matter to that of the Union, by appropriating the primary legislation, the regulations and by transposing the corresponding directives. This imperative is determined by the priority of EU law over national legislation. In this sense, we will comment on the main legal provisions of the Union, which aim at: companies’ formation, their capital, the obligation to communicate information; the legal situation of the companies that carry out activities in several countries. The second part of the paper highlights some important cases from the jurisprudence of the CJEU, which determine relevant directions in the field. The work is of great interest for specialists, but especially for the member states, which must comply with the Union framework legislation in the field. Equally, this information is important for the commercial companies, which are obliged to respect and apply exactly the commented regulations.

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