GAZETTE
SEPTEMBER
1989
5. The members acting collect-
ively are the decision-making
body. Each member has one
vote unless otherwise provided
by the contract. However, for
the protection of minority
members, no one member may
hold a majority of votes.
Decisions specified by the
Regulation as being of major
importance will require a
unanimous vote.
6. The appointment of a manager
is mandatory and his acts are
binding even when they are
ultra vires
the objects of the
EEIG.
G) Law governing the EEIG
The interconnection be tween
Community law and national law is
quite complex. Where the Regu-
lation does not contain mandatory
provisions, it frequently leaves it to
the contract or a decision of the
members to settle any legal
differences. Problems connected
with the contract for the formation
of the EEIG and its internal
organisation must be resolved by
the application of the law of the
Member State in which the EElG's
official address is situated. Any
question of law has to be referred
under Article 177 of the EEC Treaty
to the European Court of Justice for
interpretation.
•
*Anne M. Neary, Solicitor, practises
in Ftane/agh, Dublin, and Richard
Caplan, Solicitor, practises
with
Robert Gore & Co., Solicitors at 17
Grosvenor Street, London.
IAGS
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Septembe r
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268