1. Save as otherwise provided in this Directive,
(a) cross-border mergers shall only be possible between types of companies which may merge under the national law of the relevant Member States, and
(b) a company taking part in a cross-border merger shall comply with the provisions and formalities of the national law to which it is subject. The laws of a Member State enabling its national authorities to oppose a given internal merger on grounds of public interest shall also be applicable to a cross-border merger where at least one of the merging companies is subject to the law of that Member State. This provision shall not apply to the extent that Article 21 of Regulation (EC) No 139/2004 is applicable.
2. The provisions and formalities referred to in paragraph 1(b) shall, in particular, include those concerning the decisionmaking process relating to the merger and, taking into account the cross-border nature of the merger, the protection of creditors of the merging companies, debe