The Societas Europaea in Germany in particular in the context of the theory controversy in the international corporate law

Scientific Essay from the year 2008 in the subject Business economics - Law, , 92 entries in the bibliography, language: English, abstract: End of the 50's of the past century some scientists have already supported supranational limited companies in Europe. Finally, the European Commission submitted its first suggestion over the statute for European companies in 1970. After more than three decades of continuing, intensive negotiations, in particular over the arrangement of workers´ participation, the European Heads of State and Government agreed on the introduction of a European company at the end of 2000. The European Council of Ministers adopted the 'Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE)' [shortened by SE-VO] and the 'Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees' [shortened by SE-RL]. Although the regulation could have been entered into force directly in all member states (Art. 249 para. 2 TEC), Art. 70 SE-VO allowed a generous period by 8 October 2004, within the national legislators had to transform the directive into national law. In opinion of the commission only both complementary legal instruments together could regulate the common legal form of the European company sufficiently. Therefore the regulation entered into force explicitly, as soon as the directive was converted into the respective right of the member states, which should happened in accordance with Art. 14 SE-RL at latest by 8 October 2004. Since this date, transnational active capital companies are available in the entire area of the European Union and in the member states of the European Economic Area (EEA) in the legal form of the European company, usually shortened with SE for 'Societas Europaea'. The Societas Europaea embodied the guidance saying of the European Union 'United in diversity' in its entirety. It unites the regulations relating to the law on shares of the individual member states under the roof of a uniform European legal form.