Podmiotowość prawna spółki europejskiej : wybrane zagadnienia proceduralne

Abstract

European Company (Societas Europaea), alongside with the European Economic Interest Grouping and the European Cooperative Society, is one of the few supranational entities whose establishment and functioning are governed by the provisions of the European Union law. In light of the provisions of the Council Regulation No. 2157/2001 of 8 October 2001 on the statute of a European company, the company is also subject to a wide range of regulations of the jurisdiction of the country wherein its registered office is located. The aim of the article is to present the complex nature of the European Company legal subjectivity, which is a consequence of subjecting its organisation and its activities to the legal regime of both European law and the national law of the EU member states. The article concentrates on indicating specific opportunities of running a European Company within the territory of the EU internal market on the basis of the freedom of establishment, which result from the specific nature of the legal subjectivity of a European Company which and are connected with the transfer of its registered office to another Member State. Another objective of the article consists in the presentation of the most important procedural aspects of such an activity.