Introduction
The freedom of establishment, one of the fundamental principles
of Union law, allows for the mobility of businesses within the EU.
Up until the entry into force on the 1st of January 2020 of the new
Directive (EU) 2019/2121 on cross-border conversions, mergers and
divisions (hereafter the 2019 Directive ) one could
argue that the harmonisation of the European company law system was
sluggish and behind.
The 2017 Directive on Certain Aspects of Company law with
respect to matters of cross border company mobility dealt primarily
with rules concerning only cross-border mergers with few safeguards
for members, creditors and employees, provided only for domestic