CYIL vol. 12 (2021)

CYIL 12 (2021) IMPACTS OF THE CJEU CASE LAW ON REGULATORY COMPETITION … so-called “European company”. This consequence is very positive in my opinion, because it enables both national and Union legislators to look back after several years and to evaluate which legal forms are adopted and used in practice and which are unattractive. This approach creates gradual indirect pressure on unification of legislation not by an “enlightened decision from the top”, but through evaluation of “practical experience from the bottom”. It is just the forms and rules well-proven in practice that feature, in my opinion, a significantly higher probability that they will be really adopted and respected by their addressees.

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