Supranational corporate forms in the European Union: Prolegomena to a theory on supranational forms of association

In: Common Market Law Review, Band 47, Heft 6, S. 1671-1717

Abstract

With the European Economic Interest Grouping, the European Company, the European Cooperative and the nascent European Private Company, the series of supranational corporate forms has now attained a scope which invites critical-comparative stock-taking. This article examines the foundations, the development and the architecture of the European Union's own legal creations. Taking a comprehensive approach, it attempts to synthesize existent legal material and thus provide impetus for the elaboration of a theory on supranational corporate forms in Europe. The article looks at the regulatory instruments which the European legislature has used to overcome resistance by the Member States with regard to the development of supranational corporate statutes. It also assesses the EU-wide exchange of ideas and models in the context of the development of supranational corporate forms. Finally, attention is paid to the key characteristics and elements of supranational corporate forms, including: legal personality; corporate purpose and company object; cross-border involvement; registered and head offices and company members from third countries.