Influenţa dreptului european asupra dreptului naţional al societăţilor - exemplul fuziunilor transfrontaliere

Lect. univ. dr. Alina OPREA

Facultatea de Drept, Universitatea Babeş-Bolyai

ABSTRACT

In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member states’ legislation, but reserves an important role for national particularities. This is the reason why some obstacles to the feasibility of these operations still persist, keeping open the discussions about the reform and improvement of the existing solutions.

Keywords: international mobility of companies, cross-border mergers, legislative harmonisation, protection of...