The new regulation of preventive control of instruments of constitution and statutes of companies in the light of Directive (EU) 2025/25

Almost four years after the adoption of Directive (EU) 2019/1151 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in company law, the European Commission proposed a new directive that would have completed or refined the framework of measures to promote the digitalisation of companies. The Directive, which was adopted on 19 December 2024 after a relatively short legislative process, significantly amends Article 10 of the 2017 Directive on the preventive control of instruments of constitution and statutes of companies. This article aims to offer brief reflections on an issue that has attracted the attention of legal experts and been the subject of reforms in EU Member States for decades, and to draw some conclusions on the appropriateness of intervention at Union level more than fifty years after the first directive on company law.