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18 Eur. Bus. Org. L. Rev. 1 (2017)

handle is hein.journals/eunbuioiz18 and id is 1 raw text is: 


Eur Bus Org Law Rev (2017) 18:1-49                                        CrssMark
DOI 10.1007/s40804-017-0066-2





A  Proposal for the Reform of Group Law in Europe


European   Company Law Experts (ECLE)1
Peter Bicklil  - Paul L. Davies2 - Eilis Ferran3
Guido  Ferrarini4  - Jose M. Garrido  Garcia5
Klaus  J. Hopt6  Adam   Opalski7  - Alain Pietrancosta8
Markus   Roth13   Rolf Skog9  Stanislaw  Soltysinskilo-
Jaap  W.  Winter   - Martin Winner -
Eddy  Wymeersch13

Published online: 19 April 2017
© T.M.C. Asser Press 2017



Abstract  The  legal regime  applicable to groups  of companies  in the European
Union  has been discussed for many  years. National legislations have been adopted
in a certain number of Member   States, and new initiatives are being considered by
the European  Commission   and in academic writing. The central issues in groups of
companies  is the relationship between the controlling shareholder, often the parent
company   and the subsidiaries, and the potential for abuse to the detriment of the
latter's minority shareholders and creditors. Several answers have been formulated,
ranging  from  a duty of the parent  to indemnify  the subsidiary for the charges



®  Eddy Wymeersch
    eddy.wymeersch@gmail.com
    European Company Law Experts (ECLE)
    http://www.ecle.eu

    B6ckli Buhler Partners, Basel, Switzerland
2  University of Oxford, Oxford, UK

3  University of Cambridge, Cambridge, UK
4  University of Genoa, Law School, Genoa, Italy
s   International Monetary Fund (IMF), Washington (DC), USA

6  Max  Planck Institute for Comparative and International Private Law, Hamburg, Germany
7  Faculty of Law and Administration, University of Warsaw, Warsaw, Poland
8   Sorbonne Law School, Paris, France

9  University of Gothenburg, G6teborg, Sweden
10  Komisja Kodyfikacyjna Prawa Cywilnego, Warsaw, Poland
  University of Amsterdam, Amsterdam, The Netherlands

12 Wirtschaftsuniversitaet, Vienna, Austria
13 Financial Law Institute, Ghent University, Ghent, Belgium


I_ Springer 0  ASSER PRES;

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