Le champ d'application, les questions de droit international privé et le prospectus ; Cross-Border Take-Overs : When is Belgian Law Applicable?

In this paper, written together with Marc Fyon (www.stibbe.be/eng/lawyers-detail.asp?LawyerId=14), we review the scope of application of the Belgian Act implementing the European Take Over Directive. An attempt is made to determine when the Act applies to cross-border take overs. We pay particular attention to questions of methodology, by trying to clarify which method should be used in order to determine the relevant legal framework for a cross-border take-over.