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Chapter 3

Potential Obstacles to Court-to-court Co-operation in Preventive Restructuring Cases

Chapter 3 summarises the JCOERE Project’s findings from Report 1 on substantive principles in restructuring (preventive or otherwise) mechanisms within the framework of the Preventive Restructuring Directive that it was determined may present obstacles to co-operation when they are implemented by the Member States. It adopts a taxonomic categorisation of Member States in terms of their observed approach to preventive restructuring in terms of underlying policy and implementation of the PRD. It will also provide pertinent observations on the relationship between harmonisation and cooperation within the paradigm of cross-border insolvency. Finally, Chapter 3 also provides a summary of the JCOERE Project’s findings in relation to procedural obstacles to court-to-court co-operation, including those revealed in the responses to the JCOERE Questionnaire noting that most of the responses to the JCOERE Questionnaire have been discussed in detail in Chapters 6-8 of Report 1.

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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