The relationship between the Societas Unius Personae proposal and the acquis: Creeping Toward an Abrogation of EU Company Law?

This article investigates several implications of the Commission’s new SUP Proposal and examines some of its key features. As currently formulated, the SUP Draft Directive presents some peculiarities that must be understood in the context of recent history in EU company law, particularly the Commission’s now-abandoned SPE Proposal. The SUP Proposal engenders concern that certain problems will arise in coordinating the SUP Draft Directive (if adopted as proposed) and the EU acquis on company law. More precisely, exploring if and to what extent SUPs may be subject to the existing European company law directives, I argue in favor of the inclusion of this new legal form within the scope of the EU acquis. I conclude this article defending the possibility of continuing positive harmonisation of European company law