Cross-border mergers under Community Law

Abstract

Taking into account the recent modification that has taken place in the Spanish legal system regarding cross-border mergers, in order to transpose Directive 2019/2121, it seems convenient to know how this operation is regulated at the Community level. Directive 2019/2121 can be described as a minimum directive, which means that differences may remain between the legal systems of the Member States, not guaranteeing uniformity in the regulation of an operation, such as a cross-border merger, which involves companies from different Member States, whose Lex societatis may be very different.