1.1. Competencia judicial internacional: insolvencia

Piñeiro, Laura Carballo

doi:10.17103/redi.68.1.2016.3b.02

Cited by 1 publication

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…147 The Eurofood case 148 affirmed the basic premise of the OR: 149 'one company, one insolvency, one proceeding'. 150 Consequently, Eurofood considerably reduced the possibility of procedural consolidation. 151 Although Interedil mitigated the latter stricter approach, 152 it was not sufficient to overcome the registered office presumption.…”

Section: D) Groups Of Companiesmentioning

confidence: 99%

“…194 When it comes to secured creditors and rights in rem in particular, immunity rules 195 may contradict fairness and encourage stalemates that may ultimately jeopardise the outcome of a restructuring. 196 These conflicts are further enhanced by legislative competition among MSs. 197 The disparities of substantive insolvency rules among MSs hamper the coordination of different proceedings.…”

Section: The Golden Thread: Substantive Harmonisationmentioning

confidence: 99%

See 1 more Smart Citation

The Recast European Insolvency Regulation

2017

JLJ

View full text Add to dashboard Cite

Abstract:The purpose of this article is to critically revisit the European Insolvency Regulation on the occasion of its recasting, in Regulation (EU) 2015/848, which enters into force, for the most part, in June 2017. The article first considers the circumstances underlying the Regulation's adoption, highlighting the fact that a new approach to business failure has been an indispensable part of the EU's response to the financial crisis, thus placing business rescue on the agenda. An endeavour to examine provisions purportedly targeted at creating a business rescue-friendly culture follows, including an attempt at an early appraisal of whether this objective will be achieved by these amendments. The Regulation is found to be a praiseworthy effort in upgrading the cross-border insolvency regime given the limited time frame and the fragility of the political status quo. Nonetheless, the Commission missed the opportunity to embark upon the quest of harmonisation to fully establish a rescue culture, despite the prevailing need to do so. For the time being the Regulation, being the culmination of complex review and sensitive compromise, remains a conflict of laws and jurisdiction Regulation.

show abstract

Section: D) Groups Of Companiesmentioning

confidence: 99%

Section: The Golden Thread: Substantive Harmonisationmentioning

confidence: 99%