Edited by Hanne S. Birkmose and Konstantinos Sergakis
Chapter 12: Barriers to the enforcement of shareholders’ duties flowing from primary EU law
Shareholders are to a large extent investing in companies that are not governed by their own jurisdiction. Consequently, the enforcement of shareholders’ duties arising from national law frequently involves a cross-border element. This means that within the European Union, state measures regulating and enforcing shareholder duties will have to be assessed in the light of primary EU law, which affects practically all transnational economic activities in the Common Market.
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