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...
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-...
This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s...
This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and...
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that...
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in th...
This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the extent to which consumers purchase more sustainably. In doing so, this book goes beyond a rationalist understanding of the interpretation and application of EU law. Rational approaches have severely impacted the interpretation and application of EU law. Practice shows, however, that the implications of using a noncritical application of rationalist approaches in the interpretation and application of EU competition law, EU consumer law, and EU...
This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the ex...
Retail is ‘going digital,’ and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sale, both traditional brick-and-mortar and new disruptive business models are increasingly using online marketplaces to offer their products online. European Union law has been gradually updated to reflect this new reality, with Intellectual Property Rights legislation and Consumer Law leading the way toward a suitable regulatory framework in the Platform Economy. However, the EU has not devised a comprehensive strategy for tackling the...
Retail is ‘going digital,’ and grocery shopping is no exception. While some businesses are relaying on their corporate website to make the sa...
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in this regard? That is the main question this book addresses. It argues that such constraints do exist, and seeks to identify them, thereby providing a number of insights into the nature of the EU’s legal order. The point of departure as well as the main focus of the study is the proposed permanent safeguard clause (PSC) on the free movement of persons in the Negotiating Framework for Turkey. Legal provisions, rules, principles and norms that...
Do Member States of the EU have a free hand in drafting Accession Treaties, or are there legal constraints on their primary law-making powers in th...
This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment...
This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examine...
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving...
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this me...
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving...
A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this me...
This book deals with banking integrations, which are now becoming crucial not only because of the increased number of economic integrations, but also in view of the qualitative improvement of such banking integrations. It compares the European Union (EU), as the most successful union, which was able to move from a common financial market to the prime example of banking integration; the Banking Union; and the Eurasian Economic Union (EAEU) as a relatively young one but with several of the prerequisites for becoming an influential union, and which was established by five countries –...
This book deals with banking integrations, which are now becoming crucial not only because of the increased number of economic integrations, but al...