Die Rechtsform der Europäischen Aktiengesellschaft (SE), ein deutsches Erfolgsmodell? Eine empirische Analyse zu den rechtlichen und ökonomischen Einflussgrößen

This dissertation examines which legal and economic factors are decisive for the success of the legal form of the European Company (SE) in Germany. A review of the literature and a critical analysis of its results leads to the conclusion that the introduction of the SE by the European legislator in 2001 has led to a rapid wave of company formations and conversions in the European Economic Area. It is striking that of the approximately 790 SE companies currently operating in Europe, more than half have their headquarters in Germany.

The author investigates the legal and economic factors influencing the growth of SEs in Germany in detail within the framework of the empirical analysis. For this purpose, the existing research gap is explored regarding the legal influencing factors, particularly the applicable European and national law in Germany. Furthermore, the author examines the economic factors of influence resulting from the individually applicable taxation of corporations in Germany. In addition, the determination of local factors shows specifically from the location factor of Germany and favours the establishment of an SE.

The investigation of the phenomenon is based on selecting several actors to achieve the research goal. For this purpose, the author conducted qualitative interviews with experts with different pro-fessional but subject-related backgrounds to the SE. Using Kuckartz's method and the support of the software MAXQDA, qualitative content analysis and evaluation of the collected data are carried out. Considering the quality criteria of qualitative research along the research process, particularly the intercoder agreement with two other scientists, is calculated using kappa coefficients.

The research not only collects expert opinions on the legal form of the SE in Germany but also critically places the empirical results in the context of the literature review, which often contradicts the intentions of the European legislator. Thus, the thesis answers why the legal form SE has such a success in Germany. Furthermore, the author presents recommendations for action, which can transform the flight of German companies into the legal form of the SE, e.g. the identified way out of employee co-determination, to a socially accepted level in Germany.