Corporate Recovery in an Integrated Europe


Corporate Recovery in an Integrated Europe

Harmonisation, Coordination, and Judicial Cooperation

9781800887855 Edward Elgar Publishing
Irene Lynch Fannon, Professor of Law Emerita, School of Law, University College Cork, Ireland, Jennifer L.L. Gant, Senior Lecturer in Law, College of Business Law and Social Sciences, University of Derby and Aoife Finnerty, Senior Research Associate, University of Bristol, UK
Publication Date: 2022 ISBN: 978 1 80088 785 5 Extent: 384 pp
Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework.

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Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework.

Building on existing research, this book analyses the EU Directive (2019) harmonising ‘preventive restructuring’ law in a number of member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram-down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes.

Critically considering the legal initiatives affecting business rescue within a broader EU legal context, this book will be an insightful read for EU policy-makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.
Critical Acclaim
‘Procedural coordination and substantive harmonisation in the legal field of corporate restructuring in the European Union are important and urgent concerns at the interface between company and insolvency law. The present work, written by renowned authors, makes a ground-breaking and valuable contribution to this challenging task.’
– Reinhard Bork, Universität Hamburg, Germany

‘A unique, fully referenced, and invaluable study of the European Insolvency Regulation (Recast) and the Preventive Restructuring Directive. Sharp focus on corporate rescue and rehabilitation as well as judicial cooperation and legal culture contextualises the measures as products of the EU’s policy of differentiated integration in its pursuit of an “ever closer union”.’
– Gerard McCormack, University of Leeds, UK

‘Following the 2019 Restructuring and Insolvency Directive and the pandemic, many countries in Europe have renovated their insolvency and restructuring laws. Do you want to know whether all the new options will work in a cross-border case? This book provides the answer based on both excellent doctrinal and insightful empirical research. A remarkable read. The project team clearly identifies the key driver for success: cross-border cooperation of the judiciary. Unless judges are open-minded, qualified, trained, and experienced enough to handle a cross-border case, stakeholders will continue to lose value in a rather territorial case management.’
– Stephan Madaus, Martin Luther University, Germany
Contents: Foreword PART I INTRODUCTION TO CORPORATE RECOVERY IN AN INTEGRATED EUROPE: HARMONISATION, COORDINATION AND JUDICIAL COOPERATION 1. Introduction: business failure and economic recovery in the European Union 2. The EU approach to business failure and rescue: the conceptual framework PART II COORDINATING CROSS-BORDER INSOLVENCY AND RESTRUCTURING PROCESSES IN THE EU 3. The European Insolvency Regulation: from inception to legislation 4. Cross-border insolvency coordination recognition, and cooperation 5. The European Insolvency Regulation (Recast): the obligation to cooperate, rescue and the Preventive Restructuring Directive PART III FROM FORMAL LIQUIDATION TO RESCUE AND RESTRUCTURING 6. The development of rescue and restructuring in the EU 7. The Preventive Restructuring Directive 8. Key preventive restructuring provisions: context, commentary, and conflict PART IV CHALLENGES TO CROSS-BORDER JUDICIAL COOPERATION, COORDINATION OF COURT PROCESSES AND REAL INTEGRATION AND HARMONISATION 9. Legal and judicial culture: challenges to cross-border cooperation 10. Procedural obstacles to cooperation in cross-border restructuring cases 11. Judicial experience and reality of court-to-court cooperation in the EU 12. Conclusion Index
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