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Volkswagen: The State of Affairs of Golden Shares, General Company Law an European Free Movement of Capital

European Company and Financial Law Review, Vol. 5, No. 1, 2008
2008
  • 0
    Citations
  • 2,819
    Usage
  • 3
    Captures
  • 0
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Usage
    2,819
    • Abstract Views
      2,408
    • Downloads
      411
  • Captures
    3
    • Readers
      3
      • SSRN
        3
  • Ratings
    • Download Rank
      144,622

Paper Description

By maintaining in force the provisions of the Volkswagen Law concerning the capping of voting rights at 20% and the fixing of the blocking minority at 20%, and the right of the Federal State and the Land of Lower Saxony each to appoint two representatives to the supervisory board, Germany has failed to fulfill its obligations under Article 56(1) EC, which prohibits, in short, restrictions on movements of capital. In this contribution, the Court's ruling will be analysed and the issue of possible broader implications of the judgement with regard to general company law will be addressed.

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