In 2020, there were both judgments interpreting the company law directives, including the Takeover Directive and – for the first time – the former Sixth Company Law Directive on divisions. As always, there were several judgments addressing the free movement of companies. This includes a case which safeguards the freedom to provide services by companies from WTO Member States that are not EU/EEA members, thereby potentially opening for a new dimension of the free movement of companies: a genuine Delaware effect.
1. C-394/18, I.G.I Srl – challenging the effects of a division of companies
As part of a division, the Italian company Costruzioni Ing. G Iandolo Srl had transported some of its assets to the company I.G.I Srl. A group of creditors of Costruzioni Ing. G Iandolo Srl felt that their position had suffered as a consequence of the division. Therefore, the creditors had asked the Italian courts to either declare the division without effect vis-à-vis them (a so-called actio pauliana und ...