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From the magazine SZW-RSDA 4/2018 | S. 342-352 The following page is 342

Gouvernance des groupes: «E Pluribus Unum»?

The atomistic vision of the legal independence of a company comprised within a group reflects a historical conception. This view is not consistent with the reality of the group, which has become a predominant model structure in the economic sphere. The recognition in case-​law of the group’s interest would allow the economic phenomenon to be taken into account in a positive manner, while respecting the principle of the legal in­dependence of affiliated companies. Strictly circums­cribed by conditions inspired by the Business Judgment Rule and by the principles derived from the recent ­European regulation on related party transactions, this recognition would promote legal certainty for decisions taken in the context of a single management and intra-group transactions.

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