This dissertation will delve into the law instruments regulating cross-border restructurings, in particular cross-border mergers. An evaluation of the CBMD as the cornerstone for the harmonization and facilitation of cross-border mergers will be presented, including a historical background and the scope of application of the aforementioned Directive, as well as the process for the completion of the merger and the crucial contribution of the freedom of establishment to the current status quo. Furthermore, the dissertation will examine the regime applicable to creditors and minority shareholders, as participants highly affected by the change of the law governing the cross-border merger transactions.The protection regime of creditors and minority shareholders is reviewed under an EU Law perspective, followed by a detailed presentation of the national protection system of certain Member States, such as Italy, Germany, the Netherlands and Luxembourg.
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