| Abstract [eng] |
Cross-border Mergers as a Means of Exercising the Freedom of Establishment in the European Union This Master's thesis analyzes ways of exercising the freedom of establishment in the European Union and how to make use of these ways when conducting cross-border mergers. The work also deals with the European Union directive regulating cross-border mergers and harmonizing the national law of the Member States in this field, also the problematic aspects of the regulation established by the directive. It should be noted that cross-border mergers are analyzed in the context of company law and only the issues related to company law are discussed. The aim of this work is to identify how cross-border mergers help to make use of the freedom of establishment in the European Union, and what potential obstacles taking into account the current European Union and national legal framework businesses may face when merging across the borders. The first part of this paper examines which legal entities in the European Union must be guaranteed the freedom of establishment, the ways in which legal persons can exercise their freedom of establishment and which of these methods can be implemented in the context of a cross-border merger. The second part of this work reviews the European Union directive on cross-border mergers and deals with aspects of such mergers that are not regulated by this directive. This part also provides an overview of the forthcoming amendments to the directive and analyzes how these changes would help to eliminate problems of current framework and to harmonize national law of Member States, regulating certain issues regarding cross-border mergers. In this part of the work, the author also makes suggestions on how European Union law could be improved so that companies can exercise their freedom of establishment on an even wider scale. Conclusions are presented at the end of the work. |
