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dc.contributor.authorPapadopoulos, Thomasen
dc.creatorPapadopoulos, Thomasen
dc.date.accessioned2019-05-13T08:28:46Z
dc.date.available2019-05-13T08:28:46Z
dc.date.issued2012
dc.identifier.issn1613-2548
dc.identifier.urihttp://gnosis.library.ucy.ac.cy/handle/7/49437
dc.description.abstractThis article examines the EU market for corporate control and seeks to identify possible infringements of EU fundamental freedoms, and more specifically of freedom of establishment and of free movement of capital, at this segment of the internal market. This examination will take place in the context of the various financial mechanisms, tensions and clashes of interests with in the EU market for corporate control. Takeover bids and the fundamental freedoms are closely related. Since the Takeover Bids Directive is based on the chapter on freedom of establishment (Arts 49 and 50 TFEU-ex Arts. 43 and 44 EC Treaty), it should, in principle, contribute to cross-frontier corporate mobility in the internal market through takeover bids.This was certainly the aim oft he European Commission in its various proposals. After analyzing in detail recent tendencies on horizontality, we will then focus on horizontal relationships within the framework of the EU market for corporate control. This is the relationship between the shareholders and the board of the offeree company and the offer or company. This article will scrutinize whether discriminatory and non-discriminatory provisions in the corporate constitution and the defensive conduct of the offeree company's board against a takeover bid constitute barriers to EU fundamental freedoms. It discusses primarily the extent to which obstacles to cross-border takeovers addressed by the Directive, or indeed left intact by the Directive, are to be regarded as restrictions on the right of establishment stricto sensu, or simply as obstacles in practice to making a successful takeover bid. More specifically, its aim is to analyze the extent to which conduct of the board and articles in the corporate constitution might be said to constitute restrictions on the freedom of establishment and on the free movement of capital. ABSTRACT FROM AUTHOR]en
dc.description.abstractCopyright of European Company & Financial Law Review is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)en
dc.sourceEuropean Company & Financial Law Reviewen
dc.source.urihttp://search.ebscohost.com/login.aspx?direct=true&db=bsu&AN=77831999&site=ehost-liveen
dc.subjectEuropean Unionen
dc.subjectStockholdersen
dc.subjectEuropean Commissionen
dc.subjectFree tradeen
dc.subjectInternal marketingen
dc.subjectSocial contexten
dc.titleInfringements of Fundamental Freedoms within the EU Market for Corporate Controlen
dc.typeinfo:eu-repo/semantics/articleen
dc.identifier.doi10.1515/ecfr-2012-0221
dc.description.volume9
dc.description.startingpage221
dc.description.endingpage260
dc.author.facultyΣχολή Κοινωνικών Επιστημών και Επιστημών Αγωγής / Faculty of Social Sciences and Education
dc.author.departmentΤμήμα Νομικής / Department of Law
dc.type.uhtypeArticleen
dc.contributor.orcidPapadopoulos, Thomas [0000-0002-6692-6119]
dc.description.totalnumpages221-260
dc.gnosis.orcid0000-0002-6692-6119


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