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Chapter 3: Uniform Company Law

Chapter 3: Uniform Company Law

pp. 45-65

Authors

, Libera Università Internazionale degli Studi Sociali Guido Carli, Roma
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Summary

The European Economic Interest Grouping Regulation (EEIG)

As mentioned before, the European Parliament and the Council have jointly delivered (or cooperated in the delivery of) various regulations on company law, including comprehensive statutes for establishing European types of companies or firms. The first approved regulation establishing a European super-national type of business organisation is that on the European Economic Interest Grouping (EEIG).

The grounds for adopting Council Regulation 1985/2137/EEC of 25 July 1985 on the European Economic Interest Grouping (EEIG) are expressed as follows:

Preamble Regulation 1985/2137/EEC

Whereas a harmonious development of economic activities and a continuous and balanced expansion throughout the Community depend on the establishment and smooth functioning of a common market offering conditions analogous to those of a national market; whereas to bring about this single market and to increase its unity a legal framework which facilitates the adaptation of their activities to the economic conditions of the Community should be created for natural persons, companies, firms and other legal bodies in particular; whereas to that end it is necessary that those natural persons, companies, firms and other legal bodies should be able to cooperate effectively across frontiers;

Whereas cooperation of this nature can encounter legal, fiscal or psychological difficulties; whereas the creation of an appropriate Community legal instrument in the form of a European Economic Interest Grouping would contribute to the achievement of the abovementioned objectives and therefore proves necessary;

The difference between a company or a firm and a grouping is clarified as follows:

Preamble Regulation 1985/2137/EEC

Whereas a grouping differs from a firm or company principally in its purpose, which is only to facilitate or develop the economic activities of its members to enable them to improve their own results; whereas, by reason of that ancillary nature, a grouping's activities must be related to the economic activities of its members but not replace them so that, to that extent, for example, a grouping may not itself, with regard to third parties, practise a profession, the concept of economic activities being interpreted in the widest sense;

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