The Mobility Package currently under discussion in the Council will constitute a major breakthrough for cross-border transactions if finally adopted. Although its focus is on enabling companies to make use of the freedom of establishment, some of its core rules address the protection of creditors and minority shareholders. Both groups can be adversely affected by being transferred across borders; a coherent, harmonised regulation of both issues is crucial for ensuring a largely frictionless enforcement of the different legal regimes applicable to the company or companies affected by such a cross-border transaction. This article critically analyses the proposed regulation against this background. It takes into account the developments until the end of 2018.
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