Ce cours apparaît dans les formations suivantes :
• Faculté de Droit Lille - Master 2 DIE Droit des Affaires et de la Concurrence - S1 - 3 ECTS

Pré requis

Pre-requirements to attend the course are a basic knowledge of EU law, notions of company law and insolvency law. Additional understanding of finance and banking law is an asset.

The course is an interactive way of teaching based on previous reading of materials and practical cases. The assessment of students takes into consideration students’ attendance to the classes, their active participation to the class discussion and case studies, results of interim and final exams.

Objectifs du cours

• Understand and assess foreign companies governance structures, how they get finance and the way get contractual engagement at international level.


• Manage related issues of EU finance and banking law.


• Realise how the restructuring process of companies works under the recent EU Commission legislative proposal.

Contenu du cours

The course consists of two parts :

• The first part focuses on the EU legal framework and the main issues linked to governance, investment, contractual engagements companies are able to do in a cross-border environment. Main topics discussed aim, in particular, at understanding (i) How EU companies work in a cross-border environment [e.g. Corporate governance, EU company law package, shareholders’ rights directive, market abuse etc…]; (ii) Where EU companies get finance [e.g. Capital markets Union, Banking Union: focus on SME listing and crowdfunding, prospectus regulation etc…]; and (iii) how EU companies take engagements at international level [e.g. Unidroit priciples, Uncitral, Lando Commission etc – lex mercatoria].

• The second part of the course is devoted to the in-depth assessment of the recent EU legislative proposal for a Directive on business restructuring and second chance adopted by the Commission in November 2016.

The course is hold with a comparative methodology (which includes the analysis of the US legal system) and includes interactive discussions of practical cases.

Modalités d'enseignement

Organisation du cours

Méthodes pédagogiques

Évaluation

Examen : coeff. 1