European Company Case Law (ECCL)

This article analyses the proposal for a new UK regime on corporate re-domiciliation, developed by the UK Independent Expert Panel and published in October 2024, in the context of the United Kingdom’s legal framework following Brexit. The...

In December 2022, the European Commission presented a proposal for a directive on the harmonisation of certain aspects of insolvency law (COM(2022) 702 final). The initiative aims to further harmonise key areas of EU insolvency law within the...

This article examines the doctrine of abuse of shareholders’ rights in company law through an analysis of Spanish and European case law. Starting from the general prohibition of abuse of rights enshrined in Article 7(2) of the Spanish Civil Code,...

The article examines the regulatory architecture governing money market funds (MMFs) in the United States and the European Union, adopting a comparative and functional perspective that situates MMFs as “special” mutual funds combining...

This article examines the new Spanish legal framework governing structural corporate changes in situations of economic distress, focusing on the interaction between company law and insolvency law following the reforms introduced by Law 16/2022,...

The debate on “Corporate Purpose” is going beyond the political and scientific forums to gain the general public. It is beginning to become evident how unsustainable the extreme thesis of “Maximising Shareholder Value” is in its most...

On November 12, 2024, the Court of Appeal of The Hague (in the Netherlands) delivered its opinion in the Shell climate litigation. The Court of Appeal summarized its own ruling as follows: „This case revolves around the question whether Shell has...