EU Study Group Publications


UK-European cross-border insolvency after Brexit

The framework for the post-Brexit relationship between the UK and the EU is not yet certain. However, in the field of cross-border insolvency INSOL Europe offers a preferred arrangement and an alternative. Preferably, the UK will remain subject to the European Insolvency Regulation, whether on the back of a bilateral agreement between the UK and the EU27 or otherwise. The alternative may be for the EU to adopt the UNCITRAL Model Law to add to the current cross-border insolvency regime.

The detail of INSOL Europe’s view is set out in the paper below, Bankruptcy after Brexit - download the paper here.


See also other articles of interest on Brexit here.


European Commission Insolvency Conference (July 2016)

Alberto Núñez-Lagos Burguera spoke about the Harmonisation of Insolvency Officer Holders at the recent European Commission conference held in Brussels on 12 July 2016, entitled 'Convergence of insolvency frameworks within the European Union - the way forward'.

Watch Alberto's presentation here (at 2.38) and find out more about the conference here.


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EU Study 2014

Study on a new approach to business failure and insolvency – 
Comparative legal analysis of the Member States’ relevant provisions and practices

Submitted to the European Commission by INSOL Europe
Stefania Bariatti, Robert van Galen 

The Directorate-General Justice of the European Commission has presented a recommendation adopted on 12 March 2014 as a follow-up to the 2012 Communication of the Commission on “A new approach to business failure and insolvency” and the 2013 public consultation on the same topic. Against this background a study had been commissioned to provide information on restructuring mechanisms already available in all Member States, their main features, effective use, rate of success, cost to the debtor and length.

INSOL Europe has gathered from its membership a team of experts covering all 28 Member States of the European Union, to provide a comprehensive but condensed report on the restructuring mechanisms currently available in the Member States jurisdictions. 

The study provides the facts collected across the 28 Member States in an Annex and the report provides an analysis of this data, together with recommendations of the experts for an early preventive restructuring mechanism.

You can download INSOL Europe’s report here.

Download the European Commission’s recommendation here.
EC Recommendations March 2014

Read the European Commission’s Press Release on the recommendation here.
 

Harmonisation of Insolvency Law at EU Level, 2010

This report was prepared by an INSOL Europe panel of experts at the request of the European Parliament, Direcorate General For Internal Policies, Policy Department C : Citizens' Rights and Constitutional Affairs.

INSOL Europe would like to thank the following member contributors: Giorgio Cherubini (Italy), Neil Cooper (UK), Daniel Fritz (Germany), Emmanuelle Inacio (France), Guy Lofalk (Sweden), Myriam Mailly (France), David Marks QC (UK), Anna Maria Pukszto (Poland), Barbara F H Rumora Scheltema (The Netherlands), Robert Van Galen (The Netherlands), Miguel Virgos (Spain), Bob Wessels (The Netherlands) and Nora Wouters (Belgium).

Download the report here.


European Insolvency Regulation

Other reports by INSOL Europe on the European Insolvency Regulation can be found here.
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