Wood DIY Ltd & Anor [2011] EWHC 3089 (Ch) (14 June 2011)
The requirements of regulation 16(1) are satisfied, there are no objections, and the court's discretion should be exercised in favour of approving the merger, applying the scheme of arrangement test.
Source-derived case information.
- Citation
- [2011] EWHC 3089 (Ch)
- Parties
- Transferee/applicant: Wood DIY Limited; Transferor/applicant: Olivero Franco SARL
- Jurisdiction
- England and Wales
- Judgment Date
- 14 June 2011
- Procedural Posture
- Application for Approval of Cross Border Merger / Judgment on Application
- Outcome
- application granted
- Legal Topics
- Approval of Cross Border Merger, Companies (cross Border Mergers) Regulations 2007, Court Discretion in Merger Approval
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wood DIY Limited
Transferee/applicant
Olivero Franco SARL
Transferor/applicant
Procedural Posture
Application for Approval of Cross Border Merger / Judgment on Application
Legal Issues
- 1 Whether the requirements of regulation 16 of The Companies (Cross-Border Mergers) Regulations 2007 are satisfied for approval of the cross-border merger
- 2 Whether the court should exercise its discretion to approve the merger
Ratio Decidendi
The requirements of regulation 16(1) are satisfied, there are no objections, and the court's discretion should be exercised in favour of approving the merger, applying the scheme of arrangement test.
Court Disposition
application granted
Orders
- Court approves the cross-border merger by absorption.
- The date when the consequences of the cross-border merger shall have effect is fixed as 15 July 2011.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment