A la une La CJCE demande à l'Allemagne de mettre un terme à la loi Volkswagen
Auteur | Legal News |
La loi allemande relative à la privatisation des parts sociales du groupe Volkswagen du 21 juillet 1960 restreint la liberté de circulation des capitaux. Telle est la conclusion à laquelle est parvenue la Cour de justice des communautés européennes (CJCE) dans un arrêt en date du 23 octobre 2007. La Cour a ainsi jugé que l'Allemagne avait manqué à ses obligations en maintenant les dispositions de la loi Volkswagen qui interdisent à un actionnaire d'exercer plus de 20 % des droits de vote dans le groupe ; qui fixent la minorité de blocage à 20 % et qui permettent à l'État fédéral et le Land de Basse-Saxe de désigner deux représentants chacun au conseil de surveillance. Cet arrêt intervient sur recours de la Commission européenne et ne pourra pas faire l'objet d'un appel.
L'Allemagne devra donc abroger la loi Volkswagen qui protège ainsi depuis presque...
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