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Reading the Company Law Action Plan of the European Commission
(issued on 21 May 2003) it is impossible not to gain the impression
that European company law policy is focused on listed companies,
and that their efficiency will be enhanced, if possible, by means
of state competition, and only out of necessity by means of
harmonisation. The same is true of the new Action Plan on European
company law and corporate governance (issued on 12 December 2012).
This book adopts a different approach, based first of all on the
fact that throughout Europe only a small number of corporations are
listed at all - the reality of corporate law is dominated by small
and medium-size enterprises. Therefore legal standards pertaining
to control transactions or investor protection and other topics of
capital market law are not part of the core principles of corporate
law. The question is not how to protect best the interests of
shareholders but rather the interests of all parties affected by a
firm's activities, including its creditors and third parties. The
Treaty on the Functioning of the European Union reminds us not to
forget that, especially when drawing the attention of the
legislator to directives safeguarding "the protection of the
interests of members and others" (art. 50). This book focuses on
the perspective of key jurisdictions in continental Europe, such as
(in an alphabetical order) Austria, France, Germany, Italy, Spain,
Switzerland, while also analysing seminal developments in the
Netherlands, Portugal, and the Scandinavian countries.
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