The Magnitude of EU Fundamental Freedoms: Application of the Freedom of Establishment to the Cross-Border Mergers Directive

Abstract

The article examines the 10th Company Law Directive on Cross-Border Mergers given the European Union (EU) fundamental freedom of establishment and argues that contributions of some provisions in said Directive to freedom of establishment is questioned. It notes that the aim of the European Court of Justice (ECJ)'s interpretation of the freedom of establishment is to ensure that companies exercise said freedom. It notes the Directive's deficiency in protecting minority shareholders.