The Evolution of the Concept of “Corporate Group” in France

Abstract

Recently, a number of articles in the ECFR have considered various national group laws (e.g. Paola Fasciani, Groups of Companies: The Italian Approach, ECFR 2007, 195; Pablo Girgado, Legislative Situation of Corporate Groups in Spanish Law, ECFR 2006, 363; Eiji Takahashi; Japanese Corporate Groups under the New Legislation; cf. further the Italian case note by Vincenzo Cariello, ECFR 2006, 330 and the part on Portuguese group law by José Engrácia Antunes, ECFR 2005, 323, 367 et seq.). In these articles, frequent reference was made to the French Rozenblum concept of the compensation of damages with advantages from belonging to a corporate group. In the following article, Maggy Pariente introduces in depth the French approach, thereby illuminating one of the leading regulatory concepts in the world for addressing corporate groups which might also serve as model for future European harmonization measures.