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The European Economic Interest Grouping (EEIG) is a very important element of European cooperation in the domain of company law: one that has characterized the past fifty years, as part of the process of integration. The trajectory of this process was focused on the creation of the European Union and then on its expansion and enlargement. The prerequisite for the emergence of the European Union was the linking of the national markets of the countries of Europe by means of various supranational instruments. One of these points of connection was beyond doubt EEIG. Institutionalized cooperation in the domain of the common/single market was brought about by the introduction of this new subject into the Community's legal system. The European Economic Interest Grouping was the first legal form constituted and realized under the Community law. Since transnational cooperation between national markets via known forms of cooperation had become more difficult, above all because of differences in the provisions of national law in different countries, the supranational character of an institution such as EEIG was one of its key strengths. This feature of EEIG was secured by Council Regulation (EEC) No. 2137/85, the only instrument in the domain of commercial or company law to enter into force. The supranational character of European Economic Interest Groupings ensured'legal neutrality'in the relations between and position of their members: the legal neutrality of the EEIG means that its members are on an equal footing. To be a member of an EEIG meant accepting the uniform regulations of Regulation No. 2137/85, which made it impossible to give precedence to any member on national grounds. An EEIG can be formed solely by legal or natural bodies from various member states of the European Union or the European Economic Area. This feature means that the EEIG may be regarded as an international or transnational instrument of cooperation between economic operators, independent of their national laws. The purpose of forming a European Economic Interest Grouping, as a new form of cooperation between commercial subjects, is the development of economic activity within the European Community. In the specific sense, the grouping's mission is to facilitate and advance its members'economic activities, though the EEIG itself is non-profit-making. The activities of the grouping are thus of an ancillary, supporting nature, and must be complementary to the activities of its members. As a result of this feature of the EEIG's activities, its members retain a high degree of autonomy, which is significant from the perspective of potential founders and members. The manner of forming a European Economic Interest Grouping renders it a very flexible supranational instrument of cooperation. An EEIG may be formed by agreement by a minimum of just two subjects from different member countries which conduct economic activity in the European Union, Norway, Lichtenstein and Iceland; no capital is required. Nonetheless, shareholdings of all forms are permitted, which is an added attraction and offers opportunities for a large number of subjects to achieve membership of the grouping. This is of particular importance for the internationalization of small and medium-sized enterprises. A European Economic Interest Grouping may be formed for a specific term or an unlimited period, which also indicates the flexibility or contractual freedom of its members. The most significant determinant of the flexibility of this form of cooperation, however, is the potential to transfer the grouping's official address from one member state to another without the need to re-establish the grouping in the State in wich it has its new official address. The difficulties accompanying a firm moving its official address from one state to another are primarily a matter of jurisdiction, which is avoided in the case EEIG's so doing. One of the essential features of a EEIG is reflected in the oppo |
