Upon a reference for a preliminary ruling brought by the Supreme Court of Poland, the European Court of Justice will have the opportunity to add another landmark decision to the series of spectacular rulings regarding the European freedom of establishment. The case concerns nothing less than the fundamental issue whether a certain member state is obligated to permit and facilitate that companies incorporated under its law transform into the legal form of a company established under the law of another member state even if such transformation is not accompanied by the establishment of an actual presence in the member state of destination. Advocate General Juliane Kokott gives a negative answer. The concluding opinion dated 04 May 2017 is critically discussed by Alexander Ego.
+49 (0) 89 - 12 50 10 30Iinfo@ehw‑partners.com
Alexander Ego authored the chapter regarding the law on corporate groups applicable to European stock corporations (Societas Europaea – SE) as well as the chapter concerning the freedom of establishment for European corporations and the free movement of capital in the fourth edition of Münchener Kommentar zum Aktiengesetz (vol. 7, 4th ed., 2017) which was recently released in 2017. The latter chapter discusses a broad variety of corporate law issues arising in connection with cross-border activities of European corporations, including potential liability risks for shareholders and board members, specific questions in the event of an integration of corporations into cross-border corporate groups of companies, the place of jurisdiction for international corporate law disputes under European law as well as the applicable law for cross-border corporate reorganizations.
The role of the Supervisory Board has seen considerable change which is reflected in the corporate communications. While Supervisory Boards operated in the background in previous times, they are nowadays in the frontlines from time to time, communicating with the public and investors. This raises various questions at the interface between communications and law which will be the subject of Hill+Knowlton Strategies’ and EGO HUMRICH WYEN’s discussion.
Henrik Humrich comments in an interview with Börsen-Zeitung (issue 160, dated 20 August 2016) on the extent to which the Supervisory Board is authorised to communicate with investors and the legal constrains in this regard.
As part of a team of advisors led by Katten Muchin Rosenman, Chicago, EGO HUMRICH WYEN advised on the sale of the Lovejoy Group's business to The Timken Company.
The prmagazin tested the press communication of law firms by way of an inquiry about class actions in connection with the “dieselgate scandal” at Volkswagen. EGO HUMRICH WYEN is ranked 2nd:
- Hogan Lovells
- EGO HUMRICH WYEN
- Freshfields Bruckhaus Deringer
- Noerr
- Hengeler Mueller
- Allen & Overy
- CMS Hasche Sigle
- Gleiss Lutz
- Clifford Chance
- Taylor Wessing
- Linklaters
As part of a team of advisors led by Wolf Theiss, Vienna, EGO HUMRICH WYEN advised Swiss Sportradar AG in connection with its acquisition of the Austrian Sportsman group, which comprises several operative German entities.
In an JURAcon-interview, Jan-Henning Wyen sheds some light on the motivation to move from a big law firm to a boutique firm.
In the article "Unter Aufsicht" in the magazine for communication managers (KomMa, edition 01/2016, pages 26 et seqq.), Henrik Humrich comments on questions regarding the permissibility of stakeholder communcation by the Supervisory Board.
Henrik Humrich and Jan-Henning Wyen provide an overview in Platow Recht of the directors' liability in case of errors in applying the law.
Jan-Henning Wyen und Henrik Humrich provide an overview of the main amendments of the reporting requirements resulting from the implementation act in respect of the directive amending the Transparency Directive.