By Mathias Krarup
In its recent VALE case, the European Court of Justice made it clear that Member States allowing national company conversions may not prohibit cross-border conversions. Consequently, VALE complements the Cartesio judgment by establishing a right to move into other Member States. Recent Danish practice evidences the need for amended legislation among Member States until EU legislation will most likely be harmonised.
The article was first published in the European Business Law Review, Volume 24, Issue 5, 2013.
Mathias Krarup is doing postgraduate studies on dispute resolution under company law at Columbia University, New York, until spring 2014.