European Parliament resolution of 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat
The European Parliament,
– having regard to Articles 192 and 232 of the EC Treaty,
– having regard to the Framework Agreement on relations between the European Parliament and the Commission of 26 May 2005,
– having regard to the Commission communication on Modernising Company Law and Enhancing Corporate Governance in the European Union - A Plan to Move Forward (COM(2003)0284),
– having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law(1) ,
– having regard to its resolution of 1 February 2007 on the European private company statute(2),
– having regard to the Oral Question O-0042/07 submitted by its Committee on Legal Affairs and on the state of play in the legislative proceedings on the 'Statute of the European Private Company' and of the 'Fourteenth Company Law Directive',
– having regard to the relevant Commission statement made during the current plenary sitting,
– having regard to Rules 39(5) and 103(2) of its Rules of Procedure,
A. whereas the EU regulatory framework for company law and corporate governance needs to be adapted to take account of the growing trend for European companies to operate cross-border within the EU and of the continuing integration of European markets,
1. Welcomes the Commission's announcement that it will present a legislative proposal on the Statute of the European Private Company no later than 30 June 2008;
2. Welcomes the Commission announcement, particularly in view of Parliament's resolution of 1 February 2007 and of Article 192 of the Treaty on requests by Parliament to the Commission to submit any appropriate proposal;
3. Stresses that it expects that legislative proposal to be formally included in the Commission's legislative work programme for 2008;
4. Trusts that the Commission will not fail to act and will present a proposal by the deadline of 30 June 2008 as announced;
5. Regrets that the Commission, after a considerable delay, has now informed Parliament that it intends to make no legislative proposal for a Fourteenth Company Law Directive on the transfer of the seat,
6. Reserves the right, nevertheless, to take further action with regard to the question of cross-border transfers of company seats;
7. Instructs its President to forward this resolution to the Council and the Commission.