Traduction de «Théorie organique du droit des sociétés » (Français → Anglais) :

organic theory of corporate law

In economic theory, they shouldn't have it, because economic theory says that corporations act in the public interest only when there are very strict economic conditions, what we call a perfectly competitive market, and in economics, what's generally called “the free market”.

I understand there is a theory in corporate law that allows judges to pierce the veil, to cut through the intervening layers, and to declare that you cannot do indirectly that which you cannot do directly.

In theory, the Statute gives companies operating in more than one Member State the option of establishing themselves as a single company under EU law.

Subsequently, the Court has indicated the following indicators allowing to infer the imputability to the State of a measure taken by a public undertaking: (i) the fact that the undertaking in question could not take the contested decision without taking account of the requirements of the public authorities; (ii) the fact that, apart from factors of an organic nature which linked the public undertakings to the State, a public undertaking, through the intermediary of which aid had been granted, had to take account of directives issued by a central government body, i.e. Comitato Interministeriale per la Programmazione Economica (CIPE); (i ...[+++]ii) integration of the public undertaking to the structures of the public administration of the State; (iv) the nature of the undertaking's activities and whether such activities are exercised out on the market in normal conditions of competition with private operators; (v) the legal status of the undertaking (in the sense of its being subject to public law or ordinary company law); (vi) the intensity of the supervision exercised by the public authorities over the management of the undertaking, or (vii) any other indicator showing, in the particular case, an involvement by the public authorities in the adoption of a measure or the unlikelihood of their not being involved, having regard also to the compass of the measure, its content or the conditions which it contains.