PURPOSE: codification of Third Directive 78/855/EEC concerning mergers of public limited liability companies.

LEGISLATIVE ACT: Directive 2011/35/EU of the European Parliament and of the Council concerning mergers of public limited liability companies (codified text).

CONTENT: the purpose of this Directive is to undertake a codification of Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies.

The new Directive will supersede the various acts incorporated in it. It fully preserves the content of the acts and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself

ENTRY INTO FORCE: 01/07/2010.

The European Parliament adopted by 573 votes to 17, with 4 abstentions, a legislative resolution on the amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version).

The European Parliament, which was once again consulted on this proposal, adopted its position at first reading which takes over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

The proposal in question contains a straightforward codification of the existing texts without any change in their substance.

The Committee on Legal Affairs adopted the report drafted by Jiří MAŠTÁLKA (GUE/NGL, CZ) adopting, at first reading, under the ordinary legislative procedure (formerly known as the codecision procedure), the amended proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version).

The European Parliament is consulted on this amended proposal with regard to t he amendments adopted in respect of the initial proposal dated 29 January 2008 and in view of the work already carried out in the course of the legislative procedure.

It recommended that the European Parliament’s position at first reading should take over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance.

On 29 January 2008, the Commission presented a proposal for a Directive of the European Parliament and of the Council codifying Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies.

In its opinion of 27 February 2008, the Consultative Working Party of the legal services set up under the Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts does indeed confine itself to straightforward codification, without any substantive changes to the acts covered by it.

Having regard to the amendments adopted in respect of the proposal and in view of the work already carried out in the course of the legislative procedure, the Commission has decided to present – in accordance with Article 293(2) of the TFEU – an amended proposal for codification of the Directive in question.

This amended proposal also takes account of the purely formal or editorial changes proposed by the Consultative Working Party of the legal services, where these are considered justified.

The European Parliament is once again consulted on this proposal.

The European Parliament adopted, by 635 votes to 12 with 15 abstentions, a legislative resolution approving, under 1 st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version).

The report had been table d for consideration in plenary by Lidia Joanna GERINGER de OEDENBERG (PES, PL) on behalf of the Committee on Legal Affairs. The proposal is approved as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission.

The Committee on Legal Affairs adopted the report by Lidia Joanna GERINGER de OEDENBERG (PES, PL) approving, under 1 st reading of the codecision procedure, the proposal for a directive of the European Parliament and of the Council concerning mergers of public limited liability companies (codified version).

Although the proposal was not the subject to any ‘formal’ amendments by the committee, it incorporates the recommendations of the Consultative Working Party of the legal services of Parliament, the Council and the Commission.

PURPOSE: codification of Third Directive 78/855/EEC concerning mergers of public limited liability companies.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the purpose of this proposal is to undertake a codification of Third Council

Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies.

The new Directive will supersede the various acts incorporated in it; it fully preserves the content of the acts and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

PURPOSE: codification of Third Directive 78/855/EEC concerning mergers of public limited liability companies.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: the purpose of this proposal is to undertake a codification of Third Council

Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited liability companies.

The new Directive will supersede the various acts incorporated in it; it fully preserves the content of the acts and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.