The Forthcoming ECJ Decision of the Kornhaas Case (C-594/14): The Final Chapter of the European Traveller’s Tales?
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In: European Company and Financial Law Review, Vol. 12, No. 2, 08.2015, p. 280-298.
Research output: Journal contributions › Journal articles › Research › peer-review
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RIS
TY - JOUR
T1 - The Forthcoming ECJ Decision of the Kornhaas Case (C-594/14)
T2 - The Final Chapter of the European Traveller’s Tales?
AU - Schall, Alexander
PY - 2015/8
Y1 - 2015/8
N2 - At the end of 2014, the BGH decided to refer two questions to the ECJ. They refer to the eventual application of § 64 GmbHG, a provision of the German Code on Private Companies, to foreign companies with a CoMi in Germany under the EIR. The answers by the ECJ will provide important guidance or creditor protection in cross-border scenarios. The article introduces the questions of the BGH and analyses the various options for the ECJ to respond to them and their possible consequences on the coherence of national creditor protecion rules.
AB - At the end of 2014, the BGH decided to refer two questions to the ECJ. They refer to the eventual application of § 64 GmbHG, a provision of the German Code on Private Companies, to foreign companies with a CoMi in Germany under the EIR. The answers by the ECJ will provide important guidance or creditor protection in cross-border scenarios. The article introduces the questions of the BGH and analyses the various options for the ECJ to respond to them and their possible consequences on the coherence of national creditor protecion rules.
KW - Law
U2 - 10.1515/ecfr-2015-0280
DO - 10.1515/ecfr-2015-0280
M3 - Journal articles
VL - 12
SP - 280
EP - 298
JO - European Company and Financial Law Review
JF - European Company and Financial Law Review
SN - 1613-2548
IS - 2
ER -