Niklas Borutta Europäisierung des Handelsregisterwesens aus deutscher Perspektive

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The importance of information from commercial registers for legal transactions can hardly be overestimated. At the same time, it is not only important that the commercial register shows such information, but also that the accuracy of its content can be relied upon. If the relevant process only takes place in a national context, there is no particular reason to doubt the reliability. The situation is different in constellations with an international dimension, when information from the commercial registers of other countries is used. In German law, the criterion of ‘equivalence’ is applied. Only information from foreign commercial registers that is ‘equivalent’ to the German register is recognised in this country.

Against this background, the dissertation examines the development to date in the European legal area, both with regard to the substantive requirements for harmonisation of commercial register law and with regard to the formal networking of the member states' registers.

Building on this, the criterion of equivalence, which is based on the German sphere of action and is not very tangible, is outlined on the basis of the conceivable characteristics. In doing so, a comprehensive comparative law analysis of European member states is undertaken with reference to each component. Even if German jurisprudence has so far seen little difficulty in applying this requirement, a critical examination must be recommended, at least from the point of view of the fundamental freedoms guaranteed under European law.

In view of this finding, it is evident that the process to date cannot yet have come to a conclusion and has not yet done so due to the recent endeavours of the European legislator in this area. The further line of development towards a Single European Commercial Register is outlined and aspects worthy of consideration are discussed.