Aims
This course aims at providing students an insight in the origin and evolution of the harmonization of company law in the European Union. The focus is on (i) the common principles at the basis of this harmonization and/or following this harmonization, but also on (ii) the often culturally, historically or economically influenced local differences. The European acquis is studied using the applicable legislation (treaties, directives and regulations) and the case law of the Court of Justice of the European Union. Announced initiatives are also discussed.
Previous knowledge
Students electing this course should be developing a keen interest in company law and be able to report on, analyze, discuss and assess major developments in European company law. This should be achieved through a solid theoretical and informational basis during the introductory lectures, supported by their own readings, through class discussions on the basis of prepared materials, and should result in the student being able to correctly describe, situate and assess the major developments in European company law.
Having knowledge of Company law (albeit one’s own national company law) is a pre-requisite for being able to fruitfully follow this course.
Is included in these courses of study
- Master in de rechten (Leuven) (Afstudeerrichting rechten) 120 ects.
- Master of Law (double degree with Zurich) (Leuven et al) 120 ects.
- Master of Laws (LL.M) (Leuven) 60 ects.
- Master of Laws (LL.M) (Leuven) (International and European Business Law Option) 60 ects.
- Courses for Exchange Students Faculty of Law and Criminology (Leuven)
Activities
3 ects. European Company Law (B-KUL-C06G0a)
Content
The following topics are treated:
* corporate mobility (freedom of establishment, regulatory competition);
* protection of third party rights at incorporation and representation;
* legal capital, capital formation and capital;
* restructurings ((cross-border) operations (conversion, merger, takeover bid, …));
* governance;
* shareholders’ rights;
* developments relating to ESG.
Course material
The legislation is made available to the students via an online link (also in a printed version, through the VRG-cursusdienst); the case law is made available through providing a link only. They are also provided with very extensive slides (on Toledo), and additional (mostly supporting) course material is uploaded during the year.
Format: more information
The course is built around lectures concentrating on each of the topics listed above. Students are encouraged to compare with their own national company law and to read the relevant legislation and the case law of the CJEU. Students are also encouraged to participate in discussion in class
Evaluation
Evaluation: European Company Law (B-KUL-C26G0b)
Explanation
The exam is oral and open book (students are allowed to bring all materials).