| 翻訳と辞書 |
| Marleasing SA v La Comercial Internacional de Alimentacion SA ： ウィキペディア英語版 |
Marleasing SA v La Comercial Internacional de Alimentacion SA
''Marleasing SA v La Comercial Internacional de Alimentacion SA'' (1990) (C-106/89 ) was a decision of the European Court of Justice concerning the indirect effect of European Union law. It established that the courts of European Union member states have a duty to interpret national legislation in light of unimplemented European Union directives.
==Facts==
Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)". La Comercial argued that the action should be dismissed in its entirety on the grounds that article 11 of the first directive, which had not yet been implemented by Spain, provided an exhaustive list of the cases under which the nullity of a company may be ordered and that "lack of cause" was not a ground listed therein. The Spanish court then referred the following question to the European Court of Justice:
"Is Article 11 of () Council Directive 68/151/EEC of 9 March 1968, which has not been implemented in national law, directly applicable so as to preclude a declaration of nullity of a public limited liability company on a ground other than those set out in the said article?"
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Marleasing SA v La Comercial Internacional de Alimentacion SA」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|