Abstract: The following contribution deals with European company law and is based on the “Überseering” judgment of the ECJ of November 2002 (which followed the cases “Daily Mail” and “Centros”), the Statute for the European Society and the pending Statute for the European Co-operative Society. The paper presents the thesis that European company law mainly focuses on the competition between different legal systems and company forms rather than harmonisation. The article discusses the problems caused by such competition and proposes some solutions.
European Review of Private Law