Written Contribution concerning
Group 1: Conditions for creation and characteristics of the EEIGs.
2: Practical questions concerning the existence and development of an EEIG.
Page d'Accueil/Homepage. English Page. Page FranÁaise. Working Papers. Les Travaux.
1. Conditions for creation and characteristics of the EEIG.
members: Has the possible limitation of a maximum of 20 members under
national legislation caused any difficulties for you?
a link for all national radios in Europe which would like to work together to
promote an European program particularly music program. Indeed, many very good
singers are not known outside their country, even if they sing in English. We
think itís a problem of distribution networks. C.F.H.S Limited America try to
improve these networks in North America with European singers. We hope that we
will succeed in Europe, but the possible limitation of 20 members under national
legislation will cause difficulties to registered EURORADIO ģ
in some countries (not
>origins and principal activities of the members within
the European Union: Do the criteria laid down in article 4.2 cause any
How are the possibilities of participation by entities
from non-members States being exploited?
media itís very important to underline the possibilities regarding EEIG.
Indeed EUROPE 2 (France) has agreements with PROGRAMME ROCK DETENTE (Canada).
NOSTALGIE (France) have one program in Africa. We think the collaboration of
EUROPE 2, could be more efficient with EEIG to solve particular (law) problems
dealing with broadcasts with music from Canada in France. Itís very important,
because since January 1st, 1996 these radios are obliged to broadcast 40% of
French music per day and itís impossible with the existing production of
French music in France.
we must underline that companies from America and Japan are present in London. A
company as MTV-Europe has a very big influence on the music program in many
European countries. What about EEIG regarding America and Japan?
lawyers, with the increase of trade all across Europe but also with the USA,
Canada and the EFTA, itís very important that a French commercial lawyer has
relation with other lawyers all across Europe and all across the world. So, EEIG
are very important in this case, and not only in Europe.
think that itís absurd not to class countries members of the EFTA as members
of the EC with the EEE agreement.
increase relation between North-America (important for France and Great Britain)
with Europe and with the rest of the world EEIGs are important.
think that it could be good to review the European regulation.
>How is the unlimited
joint and several responsibility perceived (art. 20.1 and 24.1)?
A general limitation of the responsibility in the co-operation
contract is impossible.
How is the 10th whereas of the EEIG Regulation used in
practice: (freedom to restrict the responsibility of one or more members for a
ę association Ľ in France (non-profit-making organisation), liberal
profession as lawyers and having unlimited liability could be associated with
limited liability companies (Ltd) and the winding-up of an EEIG would be a big
problem for unlimited liability companies (or people). For non-for-profit
organisation this thing is very dangerous because the executives, sometimes
unpaid and without knowledge of law are responsible of payment of debts.
(Cassation Commerciale. October 9th, 1972. France). We must think about
differences concerning non-profit-making organisations, unlimited liability
companies and limited liability companies. The stake of all these kinds of
companies could be not the same.
France the EEIG have a determined duration. The limit is probably 99 years
(Art.1838.French Civil Code). Art.12.2.d. obliges unanimity for prolongation and
it could be an issue if the duration is shorter than 99 years and if the EEIG
exist in many countries and has many employees and/or members.
2. Practical questions concerning the existence and the development of an EEIG.
of EEIGs: In your opinions, which are the most efficient, most appropriate
circumstances for its use?
we have written we think that the international media development and the
international law could be highly concerned by the EEIGs.
increase trading the EEIGs are concerned.
think that, for liberal profession, only lawyers and accountants are really
think that we should avoid using the EEIGs with different kinds of companies (limited
and unlimited liability...).
EURORADIO ģ Project: Example of EEIG.
and Ms Heather Carlsson are preparing this project. EURORADIO ģ
could be an EEIG, a
link between some radios in Europe to have a bigger choice of music and an
European program. Itís, today, impossible to have an European radio in
different languages. In France, many radios broadcast the same program, without
originality or new tunes. They arenít able to know and to make all the
necessary things to have the right to broadcast new tunes. Only, a team all
across Europe and all across the world is able to improve the music choice.
Itís today, very difficult to think about a one European radio in different languages. But MTV-Europe succeeded all across Europe only with English. For us, EURORADIO ģ Project could be an EEIG of radios which are non-profit-making organisation which have the task to train young students in law, in accountancy, in journalism, in communication, in music...