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Shortcomings in the European Union Merger Directive : Lessons for Future Harmonization

Shortcomings in the European Union Merger Directive : Lessons for Future Harmonization PDF Author: G.F. Boulogne
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The European Union has recently demonstrated with the Anti-Tax Avoidance Directive (ATAD) that it can deliver harmonized measures in areas where controversies exist. With even further-reaching measures, such as the common consolidated corporate tax base (CCCTB) and the Financial Transaction Tax (FTT) (re)gaining momentum it is sensible to learn from the experiences with previous harmonization measures. One of them is the EU Merger Directive. This article addresses five broad shortcomings that have been identified in this directive and draws cionclusions from them. The lessons to be learned from the EU Merger Directive - and those would apply to any future harmonization measure - are, amongst others, that the objective of the measure has to be defined razor sharp, that minimum harmonization measures may still lead to distortions among the Member States, and that it should be crystal clear on which foundations certain demarcations are made.

Shortcomings in the European Union Merger Directive : Lessons for Future Harmonization

Shortcomings in the European Union Merger Directive : Lessons for Future Harmonization PDF Author: G.F. Boulogne
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The European Union has recently demonstrated with the Anti-Tax Avoidance Directive (ATAD) that it can deliver harmonized measures in areas where controversies exist. With even further-reaching measures, such as the common consolidated corporate tax base (CCCTB) and the Financial Transaction Tax (FTT) (re)gaining momentum it is sensible to learn from the experiences with previous harmonization measures. One of them is the EU Merger Directive. This article addresses five broad shortcomings that have been identified in this directive and draws cionclusions from them. The lessons to be learned from the EU Merger Directive - and those would apply to any future harmonization measure - are, amongst others, that the objective of the measure has to be defined razor sharp, that minimum harmonization measures may still lead to distortions among the Member States, and that it should be crystal clear on which foundations certain demarcations are made.

Cross-Border Mergers

Cross-Border Mergers PDF Author: Thomas Papadopoulos
Publisher: Springer Nature
ISBN: 3030227537
Category : Law
Languages : en
Pages : 511

Book Description
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.

Europe in 12 Lessons

Europe in 12 Lessons PDF Author: Pascal Fontaine
Publisher:
ISBN: 9789279535901
Category : Europe
Languages : en
Pages : 114

Book Description


Introduction to European Tax Law on Direct Taxation

Introduction to European Tax Law on Direct Taxation PDF Author: Michael Lang
Publisher: Linde Verlag GmbH
ISBN: 3709412676
Category : Law
Languages : en
Pages : 305

Book Description
Basic knowledge of European Tax Law This concise handbook has become a traditional instrument for gaining basic knowledge of European tax law with emphasis on direct taxes. It is directed at students, experienced international tax specialists with little knowledge of European law, European law specialists and non-Europeans who deal with Europe for business or academic reasons and need to understand the foundations of European tax law. Moreover, this book can be useful to academics without a legal background in approaching technical issues raised by European Union tax law, as well as give inspiration to the most experienced European direct tax law experts. This seventh edition further refines and updates the content, but also enhances the coordination across the chapter and the selection of case law in line with the weight that it carries for the development of European tax law. An indispensable consultation tool - Introduction to European Tax Law on Direct Taxation.

Introduction to European Tax Law: Direct Taxation

Introduction to European Tax Law: Direct Taxation PDF Author: Karoline Spies
Publisher: Spiramus Press Ltd
ISBN: 1913507467
Category : Business & Economics
Languages : en
Pages : 361

Book Description
This handbook is a concise guide for all those who aim at obtaining a basic knowledge of European tax law. Designed for students, it should also be useful for experienced international tax specialists with little knowledge of European law, European law specialists who are reluctant to approach the technicalities of direct taxation and non-Europeans who deal with Europe for business or academic reasons and need to understand the foundations of European tax law. This book should also help academics without a legal background to approach the technical issues raised by European Union tax law. This edition contains selected relevant information available as of 30 June 2022. It retains all of the features and tools contained in the previous editions (including the final charts, which our readers very much appreciate). In this edition we have also included a list of relevant documents and a selection of reference textbooks on European tax law in five languages, which we found of potential interest to our readers.

Harmonizing European Copyright Law

Harmonizing European Copyright Law PDF Author: Mireille M. M. van Eechoud
Publisher: Kluwer Law International B.V.
ISBN: 9041131302
Category : Law
Languages : en
Pages : 402

Book Description
The European concern with copyright and related rights -- Object, subject, and duration of protection -- Exclusive rights and limitations -- Rights management information and technological protection measures -- Term extension for sound recordings -- Term calculation for co-written musical works -- Orphan works -- The blessings and curses of harmonization -- The last frontier : territoriality.

The Future of Migration to Europe

The Future of Migration to Europe PDF Author: matteo villa
Publisher: Ledizioni
ISBN: 8855262025
Category : Political Science
Languages : en
Pages : 106

Book Description
Even as the 2013-2017 “migration crisis” is increasingly in the past, EU countries still struggle to come up with alternative solutions to foster safe, orderly, and regular migration pathways, Europeans continue to look in the rear-view mirror.This Report is an attempt to reverse the perspective, by taking a glimpse into the future of migration to Europe. What are the structural trends underlying migration flows to Europe, and how are they going to change over the next two decades? How does migration interact with specific policy fields, such as development, border management, and integration? And what are the policies and best practicies to manage migration in a more coherent and evidence-based way?

The European Union in the 21st Century

The European Union in the 21st Century PDF Author: Stefano Micossi
Publisher:
ISBN: 9789290799290
Category : Political Science
Languages : en
Pages : 0

Book Description
The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.

Freedom of Establishment and Private International Law for Corporations

Freedom of Establishment and Private International Law for Corporations PDF Author: Paschalis Paschalidis
Publisher: OUP Oxford
ISBN: 0191638137
Category : Law
Languages : en
Pages : 334

Book Description
Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Health Policy and European Union Enlargement

Health Policy and European Union Enlargement PDF Author: Mckee
Publisher: McGraw-Hill Education (UK)
ISBN: 0335226442
Category : Medical
Languages : en
Pages : 312

Book Description
While there may be consensus on the broader issues of the core objectives of the health care system, expectations differ between EU countries, and European national policy-makers. This book seeks firstly to assess the impact of the enlargement process and then to analyse the challenges that lie ahead in the field of health and health policy.