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Dr Michał Gornowicz
ORCID: 0000-0002-1391-0623

Doctor of legal sciences, assistant professor at the Department of Economic Law and Commercial Law at the Faculty of Law and Administration at the University of Warmia and Mazury in Olsztyn, legal counsel.

 
DOI: 10.33226/0137-5490.2025.12.3
JEL: K29

Conducting business activity in the form of a European company (SE) was originally intended to be accompanied by certain facilitations. One of these is the possibility of a cross-border transfer of the company’s registered office without the need to dissolve it beforehand, as well as the option left to the company’s founders to choose between a monistic and a dualistic management model. Despite its novelty, the SE has not gained significant popularity; its presence in the EU remains marginal. Furthermore, the introduction of cross border transfer of registered offices as an EU wide standard for commercial companies has not enhanced the SE’s appeal. Therefore, the Authors believe it is necessary to initiate a discussion on legislative amendments aimed at making the SE form more attractive for conducting business. Such changes might encourage wider adoption of the SE or at the very least ensure it does not become completely marginal in economic activity. However, proposed reforms should respect the national laws of each Member State. Nevertheless, any changes intended to revitalize the SE should be harmonized across all Member State legislations.

Keywords: European Company; Court of Justice of the European Union; cross border activity