Διασυνοριακές συγχωνεύσεις ανωνύμων εταιρειών και πιστωτικών ιδρυμάτων κατά το κοινοτικό και ελληνικό δίκαιο

Abstract

This dissertation put emphasis on European Law developments facilitating freedom ofestablishment. First, we consider the provisions of the Treaty that are of direct relevance withfreedom of establishment. Therefore, we examine articles 43 and 48 of European Treaty whichgovern freedom of establishment and article 293 which empowers the Member States to enterinto negotiations to conclude agreements on the private international law of companies.Furthermore, we discuss the impact of a number of European Court of Justice rulings in whichfreedom of establishment was protected at the expense of Member State sovereignty.Moreover, we look at the harmonization approaches regarding company law adopted atEuropean level. In this context we address the problem of the link between the harmonization ofcompany law in a European basis and private international law of companies. We also explore inwhich degree Directive on cross-border mergers and Regulation of the Statute of the EuropeanCompany (SE Regulation) fit into the harmonization attempt of company law, highlighting theirrelationship with freedom of establishment. Lastly, we present the procedure for effecting crossbordermergers concerning companies, as it was implementing in Greece, focusing though onthe particular case of bank mergers.