Grupul european de interes economic. Domeniile de aplicare a Regulamentului nr. 2137/1985 și dreptului național
EUROPEAN ECONOMIC INTEREST GROUPING. FIELDS OF APPLICATION OF THE REGULATION NO. 2137/1985 AND THE NATIONAL LAW

Summary/Abstract: The article examines the legal regime of the European Economic Interest Grouping from the perspective of delimitation of the fields of application of the Regulation no. 2137/1985 and the national law. Created in order to overcome the legal, fiscal and psychological barriers of cross-border cooperation, the European Economic Interest Grouping has been regulated by the European legislator through a norm to ensure unity and uniformity to the European law, namely, the regulation. Certain aspects regarding the Economic Interest Grouping, however, were left to be governed by the national legislation of the Member States of the European Union, the European legislator’s intention being to give more freedom and flexibility on the internal functioning of the group. To the European Economic Interest Grouping are primarily applied the mandatory provisions of the regulation, followed by the provisions of the articles of association of the group. The supplementary provisions of the regulation are applicable in the absence of the contractual ones, while those of the national law apply in cases under the regulation, the applicable national law being, as the case, of the state on the territory on which the European Economic Interest Grouping establishes its headquarters or of the member of the group, regarding its status and legal capacity. The borrowing by the regulation of some of the features of the Directive, as a consequence of giving Member States the prerogative to regulate certain aspects regarding the status of the European Economic Interest Grouping, created in practice differences regarding the regulation of this legal instrument of cross-border cooperation.

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