Judicial Wing Publications

During their meeting in Vienna on October 14, 2010, the Judicial Wing decided to make contributions to INSOL Europe's Technical Series. Up to 2016, the Judicial Wing contributed the following publications:

2011:
Regulations and Measures of Protection in National Legislations within the European Union.
These papers were prepared by the members of the Judicial Wing after their meeting in Vienna. They explain the measures available in the different Member States to preserve the debtor's assets for the creditors between the filing of the insolvency petition and the opening of the proceedings by the court.
2012:
Remuneration of the Insolvency Representative
The Judicial Wing presented this publication during the meeting in Brussels on October 12, 2012.
The contributors describe, in a nutshell, how the remuneration of insolvency representatives is determined in their respective home jurisdictions.
2013:
The Role of the Judge in the Restructuring of Companies Within Insolvency
This volume explains the approaches to preserving businesses taken by the domestic laws of 12 Member States.
The reader can learn that the powers of insolvency judges under those different laws vary to a great degree.
2014:
The Role of the Judge in Nomination, Supervision and Removal of the Insolvency Representative
Good matchmaking between an insolvency case and its insolvency representative is key to the fate of the proceedings. The papers contributeded show that the insolvency judge has great influence on the selection of the insolvency representative in 16 of the 19 Member States represented in this volume.
2016:
Discharge of Natural Persons and Release from Debts in individual Member States in the EU
In this volume, the contributors explain the different approaches to the discharge of debt taken under the laws of the Member States.
The contributions make it clear that a convergence of the different laws is still far away.
2022: COVID-19: Which practical measures adapted by the insolvency courts because of the pandemic are desirable to become permanent changes of their practice?
The articles in this volume describe how and to which extent the use of technology could help judges in different European countries to cope with the adverse impact of COVID-19 on their procedural work. Download the PDF here.
2023: The Relevance of the UNCITRAL Model Law on Cross-Border Insolvency in the EU Member States, Albania, and England & Wales
The 25th anniversary of the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI) in 2022 made members of the Judicial Wing explore its impact on insolvency proceedings crossing borders between EU Member States in which the European Insolvency Regulation (EIR) applies, and non-EU Member States as well as Denmark, where the EIR does not apply. Generally, such proceedings are not governed by the EIR but by the local autonomous “international insolvency laws” of the involved jurisdictions. Download the PDF here.