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6 Eur. Bus. Org. L. Rev. 1 (2005)

handle is hein.journals/eunbuioiz6 and id is 1 raw text is: 










European Business Organization Law Review 6: 1                              1
© 2005 T.M.CASSER PRESS   DOI10.1017/S1566752905000017


Editorial


The  European  Court of Justice has presented a powerful challenge to national
regulators. In a series of landmark decisions, it has recognised the right to freely
choose the corporate law system of any Member  State, irrespective of where the
newly  established company  will have  its actual seat of administration or do
business. In this issue, Tobias H. Trdger analyses the impact of this jurisprudence.
Finding that Europe is different from the United States, he argues for a careful
approach  towards  harmonised  rules on European  corporate governance.  Josd
Miguel Embid  Irujo then studies the realities of the law of corporate groups in the
European  Union.
   The  European Commission  has recently proposed to relax the ban on financial
assistance to companies.  Eilis Ferran provides a  critical assessment of this
proposal, and Marco Silvestri undertakes a comprehensive study of leveraged buy
outs, which have come to be regarded as a specific form of financial assistance. In
fact, he makes a fresh start by undertaking a law and economics analysis of the
new  Italian law on merger leveraged buy outs.
   This year also marks a fresh start for the Editorial Board. We have decided to
broaden the regional representation of Board members  in order to better reflect
the achievements and developments  of the international community. It is for this
reason that I am very happy to announce that Niamh Moloney, Francisco Marcos
and Joseph  McCahery  have  accepted our invitation to join the Editorial Board.
Niamh  Moloney   is Professor of Capital Markets Law at the University of Not-
tingham. Francisco Marcos is a law professor and Director of the Observatory on
Competition  Policy at the Instituto de Empresa  Business  School in Madrid.
Joseph McCahery   has a US  background. He  is currently Professor of Corporate
Governance  at the University of Amsterdam Centre for Law and Economics   and
holds a professorship in International Business Law at the University of Tilburg.

                                                                Rainer Kulms
                                                              Editor-in-Chief