Article 42 CFR Right of access to documents

2019 ◽  
Author(s):  
Tobias Lock
Keyword(s):  
Member State ◽  
Legal Person ◽  
Registered Office ◽  
Right Of Access ◽  
Access To Documents

Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium.

Article 227 TFEU

2019 ◽  
Author(s):  
Paul-John Loewenthal
Keyword(s):  
Member State ◽  
European Parliament ◽  
Legal Person ◽  
Registered Office ◽  
The Right

Article 194 EC Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to address, individually or in association with other citizens or persons, a petition to the European Parliament on a matter which comes within the Union’s fields of activity and which affects him, her or it directly.

Article 43 CFR

2019 ◽  
Author(s):  
Denis Martin
Keyword(s):  
European Union ◽  
Member State ◽  
Legal Person ◽  
The European Union ◽  
Court Of Justice ◽  
Registered Office ◽  
The Right ◽  
Judicial Role

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

Article 228 TFEU

2019 ◽  
Author(s):  
Paul-John Loewenthal
Keyword(s):  
European Union ◽  
Member State ◽  
European Parliament ◽  
Legal Person ◽  
The European Union ◽  
Court Of Justice ◽  
Registered Office ◽  
To Receive ◽  
Judicial Role

Article 195 EC A European Ombudsman, elected by the European Parliament, shall be empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role. He or she shall examine such complaints and report on them.

Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?

2000 ◽  
Vol 49 (3) ◽  
pp. 621-642 ◽  
Author(s):  
Anne Looijestijn-Clearie
Keyword(s):  
United Kingdom ◽  
Member State ◽  
European Court Of Justice ◽  
The United Kingdom ◽  
Court Of Justice ◽  
European Court ◽  
Registered Office ◽  
Set Up ◽  
The Right ◽  
A Company

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.

The European Parliament

2018 ◽  
Author(s):  
Kieran Bradley
Keyword(s):  
Decision Making ◽  
European Union ◽  
Personal Data ◽  
European Parliament ◽  
International Agreements ◽  
Legal Capacity ◽  
The European Union ◽  
Member States ◽  
Right Of Access ◽  
Access To Documents

The European Parliament is the first of the Union institutions listed in Article 13(1) TEU. As an ‘institution’, it enjoys a certain number of rights, prerogatives, and privileges, and is subject to a certain number of obligations. Thus, for example, in its decision-making, Parliament must ‘promote the Union’s values, advance its objectives, serve its interests and those of its citizens and … Member States’; it must also ‘ensure constant respect for the principles of subsidiarity and proportionality’, ‘act within the limits of the powers conferred on it in the Treaties’, and comply with any international agreements concluded by the Union. It must maintain a dialogue with civil society, conduct its work as openly as possible, grant citizens a right of access to documents it holds, and protect the personal data of individuals in its procession. Parliament may participate as of right in most types of proceedings before the Court of Justice of the European Union (CJEU) and enjoys legal capacity in the Member States in respect of matters concerning its own functioning. It is also subject to the auditing authority of the Court of Auditors and the jurisdiction of the European Ombudsman as regards allegations or investigations of maladministration. More

Part II The Member State Reports on Transposition of the Directive, 3 Belgium

2018 ◽  
Author(s):  
Cauffman Caroline
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Parent Company ◽  
Competition Authority ◽  
Economic Law ◽  
Collective Redress ◽  
Access To Documents

This chapter examines the transposition of the Antitrust Damages Directive in Belgium. It first considers the transposition procedure, noting Belgium’s Act of 6 June 2017 inserting a Title 3 ‘The action for damages for infringements of competition law’ into Book XVII of the Code of Economic Law, and the role of the Belgian Competition Authority. It then provides an overview of the substantive and temporal scope of the new rules of Book XVII, Title 3 of the Code of Economic Law before discussing terminological differences between the Directive and its transposition. It also explains how the transposition of the Directive facilitates access to documents, and goes on to analyse the effect of decisions of competition authorities, time-barring deadlines, solidary liability, passing-on of overcharges, presumption and quantification of damage by cartels or other antitrust infringements, consensual dispute resolution, collective redress for infringements of competition law, and parent company liability.

scholarly journals Cross-border company migration in the EU: Transfer of registered office (conversion) – the last piece of the puzzle? Case C-106/16 Polbud, EU:C:2017:804

2018 ◽  
Vol 25 (1) ◽  
pp. 87-107
Author(s):  
Stephan Rammeloo
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Freedom Of Establishment ◽  
Cross Border ◽  
Court Of Justice ◽  
Registered Office ◽  
Legislative Measures ◽  
Proper Balance ◽  
The Eu

On 25 October 2017 the Court of Justice of the European Union (CJEU) provided for a preliminary ruling in its Polbud judgment concerning a cross-border company conversion. This conversion had to be accomplished by transferring the company’s registered office from one EU Member State to another. The Court’s ruling – first, that such a transfer, whether or not involving at the same time the company’s headquarters or economic conduct, falls within the ambit of Articles 49 and 54 of the Treaty of the Functioning of the European Union (TFEU) on freedom of establishment, and, second, that legislative measures imposed on the migrating company by the Member State of origin entailing the winding-up of the company on the conclusion of a liquidation procedure are precluded – deserves approval. The Polbud judgment not only provides for clarity but also further completes the options of cross-border migration operations for companies and firms. At the same time, however, the Court’s ruling demonstrates the need to establish uniform legislative standards at the EU level, safeguarding the interests of all company stakeholders under the reign of Article 52 subsection 2 litera (g) TFEU. Both the experience with Directive 2005/56/EC on cross-border mergers and, from the late eighties of last century onwards, various initiatives having resulted in consecutive ‘pre-drafts’ for a Cross-border Company Migration Directive, may serve as guideline for further harmonisation in the field related. It is now for the Commission to take action, seeking a proper balance between the potentially diverging interests of all company stakeholders.

scholarly journals Przeniesienie siedziby statutowej spółki do innego państwa członkowskiego w świetle swobody przedsiębiorczości

2018 ◽  
Vol 112 ◽  
pp. 199-208
Author(s):  
Robert Stefanicki
Keyword(s):  
Member State ◽  
Case Law ◽  
Point Of View ◽  
The European Union ◽  
Court Of Justice ◽  
Fundamental Freedoms ◽  
Registered Office ◽  
Restrictive Measure ◽  
Business Conditions ◽  
The Eu

TRANSFER OF THE COMPANY’S REGISTERED OFFICE TO ANOTHER MEMBER STATE IN THE LIGHT OF THE EU FREEDOM OF ESTABLISHMENTIn the light of the established case-law of the Court of Justice of the European Union, all normative regulations that hinder or significantly impede the exercise of fundamental freedoms guaranteed by the Treaty are considered as limitations. Deviations from the above rule should be justified, and the restrictive measure should be appropriate to ensure the accomplishment of the adopted objective and not going beyond what is necessary to achieve it. Therefore, the question arises as to what extent the company’s personal status may be determined by the law of each Member State and how the solution in this aspect is important from the point of view of implementing business conditions.

scholarly journals Учредяване на Европейски икономически субект с кооперативна идентичност (Establishing a European Economic Entity with Co-operative Identity)

2020 ◽  
pp. 111-122
Keyword(s):  
Member State ◽  
Legal Aspect ◽  
Private Law ◽  
Member States ◽  
European Economic ◽  
Economic Entity ◽  
Cooperative Society ◽  
Registered Office ◽  
The Law ◽  
State Resident

The article examines and analyzes extensively the ways in which the European Cooperative Society (Societas Cooperativa Europaea (SCE)) is established: a) by five or more natural persons resident in at least two Member States; b) by five or more natural persons and companies and firms within the meaning of the second paragraph of Article 48 of the Treaty and other legal bodies governed by public or private law, formed under the law of a Member State, resident in, or governed by the law of, at least two different Member States; c) by companies and firms within the meaning of the second paragraph of Article 48 of the Treaty and other legal bodies governed by public or private law formed under the law of a Member State which are governed by the law of at least two different Member States; d) by a merger between cooperatives formed under the law of a Member State with registered offices and head offices within the Community, provided that at least two of them are governed by the law of different Member States; e) by conversion of a cooperative formed under the law of a Member State, which has its registered office and head office within the Community if for at least two years it has had an establishment or subsidiary governed by the law of another Member State. The aforementioned methods are studied with the European Company (Societies Europea (SE)) in a comparative legal aspect and the European Economic Interest Grouping (EEIG).

scholarly journals Between 250 years of free information and 20 years of EU and Internet

2016 ◽  
Vol 10 (1) ◽  
pp. 27
Author(s):  
Inger Österdahl
Keyword(s):  
Personal Data ◽  
Public Access ◽  
Eu Legislation ◽  
The Right To Privacy ◽  
Eu Membership ◽  
The Right ◽  
Private Actors ◽  
Right Of Access ◽  
Access To Documents ◽  
The Eu

<p>The right of access to documents is constitutionally based in Sweden and has a long history. The right of access is considered crucial to Swedish democracy.  On entering the EU in 1995, Sweden declared that public access to official records forms part of Sweden’s constitutional, political and cultural heritage.  The members of the EU for their part declared that they took it for granted that Sweden would fully comply with Community, now Union, law with respect to openness and transparency. Sweden continues to push for transparency when EU legislation potentially containing secrecy clauses is negotiated in the EU.  It turns out, however, that the EU membership does pose challenges to the strong Swedish right of access to documents. The protection of personal data is controversial in Sweden to the extent that the stricter EU legislation clashes with the traditionally weak protection of privacy in Swedish law; the right of access to information has largely overridden the right to privacy. Large amounts of publicly available personal data, amassed in data bases by private actors, for commercial reasons but under the protection of the Swedish constitution, is causing problems especially since the Swedish constitutional law is considered, by Sweden, to precede EU legislation in the field. Sweden will somehow have to solve the dilemmas caused by the differing traditions of transparency between itself and other members of the EU and of other international organizations. Many answers – perhaps converging - will be provided in 2016 by Swedish official inquiries and the EU Regulation.</p><p><span>Article first published online: 22 MARCH 2016</span></p>

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