Chapter 5

Judicial Co-Operation in Restructuring Processes

Chapter 5 discusses and analyses cases arising in the context of co-operation in cross-border insolvency and rescue. The cases discussed in Chapter 5 will demonstrate the different approaches taken by practitioners and courts and how these will influence developments within the European Union over time as well as some situations in which difficulties in co-operation have arisen.

The Chapter follows on from the discussion in Chapter 3 summarising differences in approaches to preventive restructuring in European Member States and on procedural obstacles to co-operation, in addition to the discussion in Chapter 4 on different legal and judicial cultures in Europe. It focusses specifically on case law arising, either domestically in the European Union, or in the CJEU on co-operation in the context of insolvency, and on the emerging context of European corporate restructuring in particular.

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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