European Company Law I

Leerdoelen

After the course the student should be able to understand the context of the involvement of the European Union with the company laws of members states and its effects on the laws of the member states as well as the forms such involvement has taken through directives and regulations and in the European Court of Justice’s case law. The student must be able to apply the consequences in concrete casses. The students also must be able to apply relevant arguments on the desirability and effectiveness of the current or new involvement of the European Union with Company Law and develop a well founded opinion in this respect.   

Inhoud

This course offers an introduction to company law within the European Union. It starts off with the basis for the involvement of the Union with company law i.e. the freedom of establishment. The course will cover the harmonisation process so far, its effects and difficulties. It will deal with the Company Law Action Plan of the European Commission of may 2003 and its prospects. It will also address the case law of the European Court of Justice on freedom of establishment and free movement of capital and its implications for national and EU development of company law. The course will address the European Company (SE) and the proposal for a European Private Company. Finally the course will focus on corporate restructuring in the EU.

Onderwijsvorm

1 x 2 hours lectures per week (7 meetings). Each meeting will deal with a specific subject.
Active participation in the meetings is expected of the students. For a successful completion of the course, students need to attend all meetings and write a paper on one of the course subjects

Onderwijstijden

Day-time

Studiemateriaal

• Reader European Company Law I
• Documents and presentations on http://blackboard.ic.uva.nl
• Book: The Anatomy of Corporate Law, Reinier Kraakmanet al., Oxford University Press, 2nd ed. 2009 

Toetsvorm

Personal Paper and class participation