Written Contribution concerning

Group  1: Conditions for creation and characteristics of the EEIGs.

Group 2: Practical questions concerning the existence and development of an EEIG.  

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Group 1. Conditions for creation and characteristics of the EEIG.

>Number of members: Has the possible limitation of a maximum of 20 members under national legislation caused any difficulties for you?

EURORADIO ® Project  is 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 it’s 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 ®  in some countries (not in France).

>origins and principal activities of the members within the European Union: Do the criteria laid down in article 4.2 cause any particular problem?

How are the possibilities of participation by entities from non-members States being exploited?

Concerning media it’s 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. It’s very important, because since January 1st, 1996 these radios are obliged to broadcast 40% of French music per day and it’s impossible with the existing production of French music in France.

Nevertheless 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?

For lawyers, with the increase of trade all across Europe but also with the USA, Canada and the EFTA, it’s 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.

We think that it’s absurd not to class countries members of the EFTA as members of the EC with the EEE agreement.

To increase relation between North-America (important for France and Great Britain) with Europe and with the rest of the world EEIGs are important.

We 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 specific contract)?

Indeed « association » 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.

>Duration.

In 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.

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Group 2. Practical questions concerning the existence and the development of an EEIG.

>Various uses of EEIGs: In your opinions, which are the most efficient, most appropriate circumstances for its use?

As we have written we think that the international media development and the international law could be highly concerned by the EEIGs.

To increase trading the EEIGs are concerned.

We think that, for liberal profession, only lawyers and accountants are really concerned.

We think that we should avoid using the EEIGs with different kinds of companies (limited and unlimited liability...).

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EURORADIO ® Project: Example of EEIG.

NEUROMEDIA and Ms Heather Carlsson are preparing this project. EURORADIO ®  could be an EEIG, a link between some radios in Europe to have a bigger choice of music and an European program. It’s, today, impossible to have an European radio in different languages. In France, many radios broadcast the same program, without originality or new tunes. They aren’t 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.

It’s 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 ® 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...

HAUT.TOP.