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- Community trade mark and infringements - 02.05.2011
- Struggle against late payment - 02.05.2011
- New Incoterms 2010 - 11.08.2011
- EU and health protection – Precautionary and proportionality principles - 21.07.2011
- Sale of consumer goods and guarantees - 28.06.2011
- Reg. (EC) 4/2009 - New European discipline for maintenance obligations - 23.06.2011
- Civil and commercial mediation - 03.06.2011
- New directive concerning mergers of public limited liability companies - 03.05.2011
New directive concerning mergers of public limited liability companies - 03.05.2011
The next 1 July 2011 shall take effect the Directive 2011/35/EU that will regulate the merger proceeding of public limited liability companies – the so called S.p.A. in Italy and “akciová společnost” in the Czech Republic.
The scope of the Directive is to guarantee that provisions for mergers should be made in the laws of all the Member States and, at the same time, to harmonize the different disciplines at the moment in force in this matter. Besides, the Directive provides rules in order to protect the interests of members, employees and others (for example, creditors and debenture holders) who are involved in the operation. Then, the Community legislator has tried to limit the cases in which nullity can arise, by providing, on one side, that defects liable to provoke the nullity of the merger must be remedied during the proceeding itself (wherever it is possible) and, on the other side, the restriction of the period within which nullification proceedings may be commenced.