News and Events
JCOERE Researcher Presents at Conference on Danish Insolvency Law
Dr Iacopo Donati, a Post-Doc at the University of Florence on the JCOERE Project, was invited to attend a conference on the “Europeanisation of the Danish Insolvency Law” to give a presentation on the possibilities to restructure secured debt under the legal framework envisaged by the EU Directive on preventive restructuring.
The conference took place at the University of Aarhus (Denmark) on May 24, 2019, with the participation of local and foreign academics, representatives of the Danish Ministry of Justice, and professionals.
Iacopo’s presentation focused on the options and obligations posed on Member States by the EU Directive, which just received the final formal approval on June 6, 2019, concerning restructuring secured claims. The analysis of the EU Directive provisions on secured debt restructuring shed some light on certain conflicts with the protection of rights in rem set forth under Article 8 of the Regulation No. 848/2015. Of note to the JCOERE project, a prolonged public discussion also occurred during the conference on the problems posed to the transposition of the EU Directive by the inapplicability of the EU Regulation No. 848/2015 to Denmark. Indeed, the relevance of that issue goes beyond the Danish legal framework, given that Article 6, Par. 8, of the EU Directive on Preventive Restructuring allows any Member States to transpose its provisions by means of one or more procedures or measures that do not fulfil the conditions for notification under Annex A to Regulation (EU) 2015/848.