Dutch Supreme Court at a Loss over Groups - European Company Law View Dutch Supreme Court at a Loss over Groups by - European Company Law Dutch Supreme Court at a Loss over Groups 13 4

The European company law and corporate governance Plan of Action that the European Commission published on 12 December 2012 suggests that the concept of ‘group interest’ should be recognized by all Member States. No doubt this will also be part of the final proposal for a European Model Company Act, which is expected to be published shortly. Based on the case law of the Supreme Court in the Netherlands, it is difficult to avoid the conclusion that the Court has trouble placing the phenomenon of groups in Dutch company law. Although in some judgments it seems to lovingly embrace the group, in others it seems to trigger alarm among the Supreme Court and cause it to shrink back.

European Company Law