argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: EU-Freedom of establishment - M&A - simplifications

With a press release dated 18 of November 2019, the European Council announced that the European Union has adopted a Directive which eliminates unjustified obstacles to the freedom of establishment of E.U. companies in the single market, facilitating, in fact, transformations, cross-border mergers and divisions of European Union companies. More in detail, the Directive introduces new rules on transformations, divisions and cross-border mergers, establishing rules to verify that cross-border transactions are carried out in compliance with national legislation.
The Directive is one of two proposals presented by the Commission in April 2018 for the modernization of E.U. company law. The new rules allow E.U. companies to make the most of the single market so that they remain competitive globally; the Directive provides adequate safeguards that discourage abuse and protect the legitimate interests of workers, minority shareholders and creditors and also encourages the use of digital tools throughout the cross-border operation. It will be possible to complete the formalities online and all relevant information will be exchanged through the existing registers of interconnected companies in digital format. The Directive 2019/2121 has been published in the Official Journal of the E.U. in 12 December 2019.