One of the main weaknesses of the European internal market lies in the fragmentation resulting from the coexistence of 27 different national company law regimes, which continue to generate costs, complexity and obstacles to the cross-border expansion of companies.
The European Commission’s proposal for a regulation on the 28th regime, known as «EU Inc.», offers an innovative response: rather than replacing national systems, it aims to complement them with an optional, harmonised and digital European company form, designed to simplify the formation, governance and financing of companies across the Union. By focusing on simplicity, flexibility and digitalisation, the aim is to create a legal framework better suited to the needs of start-ups, scale-ups and investors, reducing the barriers that currently hinder growth beyond national borders.
‘EU Inc.’ therefore represents a serious attempt to provide Europe with a corporate form that matches its ambition to create a truly integrated single market. Its success, however, will depend on the quality of its implementation, the coherence of the final text, and the ability of Member States and European jurists to develop a common and effective interpretation. If Europe wants to compete globally for entrepreneurial talent and venture capital, it needs a corporate law framework that is as seamless and as recognizable as the market it is meant to serve.