European Parliament
A7-0008/2012
Ildikó Gáll-Pelcz  (PPE ),
in writing.
(HU)
I believe that in essence, the 14th company law directive on the cross-border transfer of company seats serves to strengthen the EU’s competitiveness. A prerequisite of competitiveness is dynamic and flexible company law. As we could see, not even an extensive interpretation of the most important judgments is sufficient to dispel all doubts that have arisen in connection with the freedom of establishment and ensure full legal certainty. Yet this is exactly what business life needs. Unlike restrictions, however, a regulatory competition arising at the level of company and fiscal law as a result of the freedom to choose seats could promote the competitiveness of the EU as a whole. As enterprises are free to choose where to have their seats, Member States will have to adapt their regulations in line with one another in order to avoid an exodus of companies choosing more favourable legal conditions. This would lead to indirect harmonisation within the Community. The question that remains is where do we go from here. By now, it has become clear that any criticism questioning the future and
raison d’être
of this directive on a level of principles has proven to be unfounded. It is also apparent, however, that the regulatory framework established is not without faults. Its future fate will be determined by its usefulness and actual use.

