Chapter 2

Court-to-court and Judicial Co-Operation in the European Union

Chapter 2 provides an exposition of the European Insolvency Regulation Recast 848/2015 applicable from 26 June 2017, developing from the original Regulation 1346/2000. Chapter 2 focusses in particular on the evolution of the co-operation obligations under both versions of the EIR, including how the EU views the meaning of judicial co-operation and what kinds of actions are expected or recommended in this area. These obligations will be examined in terms of both the recitals and the articles within which they are seated and how they developed between the two Regulations, along with a close analysis of the same provisions for corporate groups. Chapter 2 provides an explanation of the policy and regulatory framework within which the obligation placed on courts to co-operate arises, which is the primary focus of this second Report of the JCOERE Project.

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JCOERE (Judicial Co-Operation supporting Economic Recovery in Europe) Project

Professor Irene Lynch Fannon, School of Law, University College Cork, Cork, IRELAND , T12 CC79

JCOERE Partners