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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

In order to realise economies of scale in the European single market for investment funds, asset managers have typically sought to distribute a single range of investment funds into as many European markets as possible. They have therefore developed an ‘offshore’ business model: of establishing a single fund range in, say, Luxembourg or Dublin, and distributing that range throughout the EU. European legislation has evolved in support of that business model ‐ in particular, the UCITS Directive. However, persistent tax discrimination continues to undermine cross‐border sales. Tax discrimination is illegal, and the European Court of Justice has regularly ruled against countries with discriminatory fiscal regimes. The vagaries of the judicial process, though, and recent jurisprudence, may unwittingly lend strength to discrimination. Should asset managers therefore revisit their offshore business model, or should European institutions revisit the way they address issues of taxation in the Union?

The purpose of this editorial is to examine moves towards cross border trade union mergers.

This editorial outlines the reasons why trade unions see the need to act outside their nation state boundaries.

In the globalised economy if trade unions are to defend and advance the living standards of their members they cannot confine their activities to their national labour markets. Currently, trade unions attempt to do this via multi‐lateral link ups via Global Trade Union Federations and by developing links with their sister unions in other countries. A new mechanism is now being developed by trade unions to counter balance the economic strength of multi‐nationals, namely cross border trade union mergers.

The editorial offers insights into the reasons for, and gives examples, for the emerging trend of the movement towards cross border trade union mergers.

The decision on which countries will participate in European Monetary Union (EMU) is to take place as early as possible in 1998, with the final run in, regarding the technicalities of introducing a single currency, starting on 1 January 1999. With this timetable in mind, examines some of the major issues which will have to be confronted by UK retailers. Even if the UK Government decides to opt out, the increasing internationalization of retailing will mean that UK retailers will have to face a Euro‐denominated environment over a significant range of its business activities. Consequently, by identifying EMU factors which specifically relate to retailing, identifies the key areas which retailers need to consider in planning a strategy to take account of the possibility that EMU will take place in at least some major EU economies.

MCB is not a company to rest on its laurels. In the vernacular of modern‐day management literature, the company can rightly claim to be a learning organization; one that seeks to regenerate and develop itself in accordance with current trends, most notably those in customer and market requirements.

The purpose of this paper is to provide a theoretical framework for the subsequent analysis of the European Union internal market's concept of transparency in residential real estate transactions. Specifically, it seeks to identify the essential factors that should be addressed within any such analysis.

The study is based on a review of the literature on the general concept of transparency, and on other related aspects.

Based on this study, five dimensions of transparency are identified, namely transparency in transaction procedure, legal information, financing, taxation and transaction costs. The essential points are that an increase in cross‐border transactions increases demand for easy access to information held in other countries. The studied literature focuses on the coordination of legal systems, making systems more uniform and legally secured, and on broadening of the mortgage market. The study highlights the complexities involved in achieving transparency, as well as the length of time that this will take to achieve in practice.

The paper identifies different dimensions of transparency in residential real estate transactions. There is little prior research in the area which focuses specifically on residential transactions. The study therefore draws upon work in other areas, including financial markets and taxation, and places this within a residential housing context.

The purpose of this study is to investigate the extent of bank industry consolidation across the European Union, the patterns that have emerged from the mergers and acquisitions (M&As) and the regulatory framework that underpins these processes. It aims to identify the key challenges that have to be addressed if M&As are to expand.

The paper reviews the reasons that have led some financial institutions to merge, both domestically and cross‐border, and the developments that have taken place in the economic, legal and political environment. The paper presents an empirical analysis of bank industry M&As within the EU between 1993‐2004 and identifies possible explanations for the patterns of consolidation.

The analysis provides evidence that M&As predominantly take place at the national level and that two main strategies have emerged, namely the consolidation of commercial banking and the creation of universal banking groups.

Ten countries joined the EU in 2004 and are excluded from the analysis, due to data limitations.

More cross‐border mergers should be encouraged if EU countries are to continue to integrate their financial markets. Moreover, if universal banking groups do not succeed in exploiting the economies of scope on which they are founded, divestment of non‐core activities may follow, thus providing acquisition opportunities for others, with the resulting more focused organisations wishing to diversify geographically, via cross‐border M&A.

The study suggests that the limited cross‐border M&A activity observed may be due to the existence of non‐legislative barriers, such as internal control issues raised by geographic diversity and, more specifically, the perceived cultural barriers to pan‐European operation.

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.

This chapter aims to investigate to what extent differences in legal systems affect cross-border insolvency. Specifically, it aims to answer the following research questions: What is the relationship between multinational status and firm death rates? To what extent can the legal system affect the pattern of firms’ death across countries? How can the cross-border insolvency legal rules produce firms’ death or survival through corporate restructuring and bailout?

We apply survival methods and estimate a discrete-time hazard model in which we look for the effect of foreign ownership on firm death, controlling for firm- and industry-specific covariates. In doing this we analyse the determinants of firms’ death and crisis distinguishing Italian foreign-owned firms according to the legal system of the country where they have their ‘centre of main interests’ (COMI).

Our main findings reveal that Italian firms owned by foreign multinationals are more likely to exit and to be in crisis than national firms. In addition, Italian foreign-owned firms which have their COMI in a Common law country, compared with those having their COMI in a Civil law country, exhibit a lower risk of death and a higher likelihood of surviving the crisis.

This analysis was limited to all Italian firms. Therefore, it might be interesting to verify if there is a sort of country/sectoral heterogeneity in the firms’ behaviour. In addition, the analysis could be extended to the Italian firms investing abroad (i.e. Domestic MNEs).

Overall, our study enriches our understanding of the determinants of foreign-owned firms’ survival in Italy and highlights the important role assumed by the countries’ legal environment. Although the vast majority of legal systems establishes that business crisis management is no longer aimed at repressing and sanctioning, but rather at preserving the entrepreneurial complex, and rescuing and maintaining business activity, we provide some insights into how differences between Common law countries and Civil law countries affect cross-border insolvency.

In this chapter, using a dual approach based on managerial and legal perspectives, we examine franchisee attitudes regarding online sales in franchise networks to better understand their views of the costs and benefits of e-commerce in a franchise network. We thus explore the following research questions from a franchisee perspective: What are franchisees’ attitudes regarding online sales?; Are online sales viewed as complementary or competing sales for physical stores?; What about the opening of a franchisor’s website?; and What about the opening of a franchisee’s website? We also analyze how several different e-commerce options available to franchisors impact franchisee incentives and how they would be treated under European Union competition law.

The empirical research is based on the conduction and analysis of 46 in-depth interviews with franchisees in the retail and service industries in the French market.

We find that online sales in franchise networks raise important questions for the franchisees, and for the franchisors as well. E-commerce has to be integrated into the development strategies of franchise networks. Franchisors should facilitate the online sales practices of their franchisees in order to avoid potential conflicts with them or among the franchisees themselves, thereby maintaining the control necessary to ensure healthy network growth. Moreover, franchisors should pay attention to the sharing of Internet sales with its franchisees.

Our chapter contributes to the stream of franchising literature dealing with the use of Internet in franchise networks. Moreover, it can be viewed by franchisors, franchise experts, franchisees, and franchisee candidates as an overview of issues linked to online sales in franchise networks. It also highlights best practices when having a multichannel strategy.