A few remarks on the interpretation of European company law
The application of European company law by domestic courts entails prior interpretation of EU legislation. Firstly, the manner of interpretation of European company law is affected by both the specific nature of European company law and l’acquis communautaire. Secondly, interpretation methods are su...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2016-12-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/7172 |
| Summary: | The application of European company law by domestic courts entails prior interpretation of EU legislation. Firstly, the manner of interpretation of European company law is affected by both the specific nature of European company law and l’acquis communautaire. Secondly, interpretation methods are subject to the principle of uniform interpretation, which aims to safeguard uniform understanding and application of l’acquis EUwide. Thirdly, when undertaking pro-European interpretation one must (i) have regard to all domestic methods of interpretation, (ii) in line with the blanket ban on contra legem interpretation, and (iii) bear in mind the purpose and wording of a directive serving as a point of reference for pro-European interpretation, as far as possible. |
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| ISSN: | 2083-9782 2450-0976 |