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RETRIBUTIONS OF MANEGING DIRECTORS AND THE NEED FOR REGULATION IN THE COMPAPNY’S BYLAWS

There are two opposing doctrinal positions regarding the retribution of directors with executive powers and its regulation in the company’s bylaws. On the one hand, advocates of the bylaw regulation of the retribution of the directors with executive powers indicate that the managing directors are also directors themselves, and in their capacity as such, article 217 of the Spanish Capital…

JURISDICTION WITHIN THE EUROPEAN UNION – NATURAL AND LEGAL PERSONS.

The Riigikohus (the Supreme Court of Estonia) has referred a question to the CJEU (Court of Justice of the European Union) for a preliminary ruling, before deciding an appeal in cassation in which the appellant challenges the jurisdiction of the court. In the case from which the appeal arises, Bolagsupplysningen OÜ, an Estonian company, has been conducting its business mainly in Sweden, despite…

NEW DIRECTIVE FOR EUROPEAN COMPANY STATUTE

The responsibility of Member States to strengthen the European Union and its common interests is being compromised by an inability to harmonize their policies, identify common strategies, as well as a failure to rapidly solve problems. However, in the legal field, new approaches are being made regarding easy access to the information between different Member States, for example, as we…

EFFECTS ON EMPLOYMENT ARISING FROM A BUSINESS SUCCESSION

In accordance with article 44.3 of the Workers’ Statute (Estatuto de los Trabajadores – ET) the transfer of a production unit is considered to be a business succession, and consequently the assignor, as well as the assignee shall be jointly and severally liable, during a period of three years, for unfulfilled employment obligations arising before said transfer (they shall also…