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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Trade Holding Pl-UK Ltd, Re [2019] EWHC 2234 (Ch) (16 August 2019) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2019/2234.html Cite as: [2019] EWHC 2234 (Ch) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES (ChD)
INSOLVENCY AND COMPANIES LIST
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
IN THE MATTER OF ![]() ![]() ![]() ![]() ![]() ![]() |
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AND IN THE MATTER OF CENTRUM HANDLOWE HIT S.A. | ||
AND IN THE MATTER OF THE COMPANIES (CROSS-BORDER MERGERS) ![]() ![]() |
____________________
Hearing dates: 30 July 2019
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Crown Copyright ©
Mr Justice Zacaroli:
"(1) Each Member State shall designate the court, notary or other authority competent to scrutinise the legality of the cross-border merger asregards
that part of the procedure which concerns the completion of the cross-border merger and, where appropriate, the formation of a new company
resulting
from the cross-border merger where the company created by the cross-border merger is subject to its national law. The said authority shall in particular ensure that the merging companies have approved the common draft terms of cross-border merger in the same terms and, where appropriate, that arrangements for employee participation have been determined in accordance with Article 16.
(2) To that end each merging company shall submit to the authorityreferred
to in paragraph 1 the certificate
referred
to in Article 10(2) within six months of its issue together with the common draft terms of cross-border merger approved by the general meeting
referred
to in Article 9."