Book Review: Die GmbH in Europa. 50 Länder im Vergleich
| Author | S. Rammeloo |
| Published date | 01 June 2002 |
| Date | 01 June 2002 |
| DOI | http://doi.org/10.1177/1023263X0200900205 |
9 MJ 2 (2002) 215
Book Reviews
G. Herberstein, Die GmbH in Europa. 50 Länder im Vergleich (2nd.,
rewritten ed.), Schulthess, 2001, 451 pages, paperback.
Over the past few years, both the European Commission and the academic world
showed more interest in ‘large’ public companies than in private company types.1 The
(un)desirability to harmonize national laws of EU Member States concerning company
takeovers and the longlasting European Public Company project which after more than
four decades ultimately culminated into a Societas Europea overshadowed
developments in the area of ‘SME's’, Small and Mediumsized Enterprises. The sui
generis SE company is restricted to public company types. Likewise, the EU company
law harmonization programme puts more weight on public companies: e.g. the
important Second Directive on capital of companies does not apply to private company
types either.2 Common feeling, however, is that ‘SME's’ are of eminent importance to
the European market, as they generate ‘employability’. An enlarging European Union
could therefore profit from attempts to come up with an ‘EPC’, a European Private
Company, as well. It has been suggested recently,3 that the European Commission is
willing to take up this challenge, now that the task to elaborate a Societas Europea has
been succesfully accomplished.
(Pre)drafts for a future European Private Company ‘EPC’ should be preceded by
‘Reports’ marking the differences between the national laws of a vast number of (to be)
1. As regards private companies in particular, solely the 12th. EC Company Law Council Directive
concerning single-member private limited liability companies, 21 December 1989 89/67/EEC, [1989] O.J.
L395/40 has been accomplished.
2. 13 December 1976 77/91/EEC, [1977] O.J. L26/1. It may not be overlooked, though, that i.a. the
Netherlands expanded the scope of this Directive to the Besloten Vennootschap (i.e. private company
form in the Netherlands).
3. Cf. L. Timmerman, ‘Naar een besloten Europese Vennootschap’, Tijdschrift voor Ondernemingsrecht 11
(2001), 317.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting