Open AccessThe Enforcement of Environmental Damages Judgement as a Basis for Piercing the Corporate Veil within a Corporate Group
Author(s) -
Tomasz Tomczak
Publication year - 2021
Publication title -
problemy prawa prywatnego międzynarodowego
Language(s) - English
Resource type - Journals
eISSN - 2353-9852
pISSN - 1896-7604
DOI - 10.31261/pppm.2021.28.07
Subject(s) - judgement , damages , corporate group , enforcement , plaintiff , corporate law , business , test (biology) , corporate security , law and economics , law , corporate social responsibility , political science , sociology , corporate governance , paleontology , finance , biology
The present article, on the basis of the high-profile Chevron case, rethinks the principle of corporate veil within a corporate group. It tries to convince the reader that a plaintiff holding an environmental damages judgement should be able to enforce it against any company in the corporate group of defendant regardless of the fact that such company was not a defendant in the underlying action (the new test). To attain this goal, firstly, the basic notions as an “environmental damages judgement,” a “corporate group,” and “the corporate veil” are explained. The article then elaborates on the importance of the corporate veil principle. Furthermore, it describes what would currently constitute a potential ground for piercing of the corporate veil in Canada. Later on, it provides a three-level justification for why the veil, in the described circumstances, should be pierced. Finally, the new test regarding piercing the corporate veil is proposed.