La Società Europea: Costituzione mediante fusione; Costituzione mediante creazione di una Società Europea holding

The work is a comment having a comparative perspective. It first analyzes the different forms od incorporation of a Societas europaea - SE, especially through a merger procedure and an incorporation of a holding SE procedure, according to the European Regulation no. 2157/2001. Then it examines the coherence and the impact of the SE Regulation on national law in countries like France, Germany and The United Kingdom. The research highlights the differences among the following merger procedures: the cross-border merger procedure from which a SE comes, the general cross-border merger procedure (coming from the tenth directive) and the national merger procedure (anyway harmonized thanks to the third directive). Finally the work offers suggestions for future European provisions on cross-border mobility of companies and enterprises.