All clear? Disputes, uncertainties and delimitation issues regarding the scope of cross-border operations covered by the Company Law Directive (CLD)
Working Paper Author/Authors
Key Finding
cross-border mergers, divisions, and conversions under the Company Law Directive (CLD) and desiderata de lege ferenda
Abstract
Following the creation of a special EU legal framework for cross-border mergers in 2005, the Mobility Directive of 2019 introduced further special EU legal frameworks for cross-border conversions and cross-border divisions into the Company Law Directive (CLD). As a result, there is now, at last, a secure foundation for all three “classic” types of cross-border operations. However, regarding its precise scope, a wide range of disputes, uncertainties and delimitation issues persists. The paper examines where exactly these boundaries currently lie and which desiderata arise from them de lege ferenda.
© Jessica Schmidt, 2026
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