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Irene Lynch Fannon,Jennifer L.L. Gant,Aoife Finnerty

Corporate Recovery in an Integrated Europe: Harmonisation, Coordination, and Judicial Cooperation

Corporate Recovery in an Integrated Europe: Harmonisation, Coordination, and Judicial Cooperation

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This book explores the qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, analyzing the EU Directive (2019) harmonizing 'preventive restructuring law' and the obligations imposed on courts to cooperate in cross-border litigation in insolvency. It provides a critical analysis of legal texts and commentary and will be an insightful read for EU policy-makers, insolvency lawyers, and practitioners.

Format: Hardback
Length: 384 pages
Publication date: 13 May 2022
Publisher: Edward Elgar Publishing Ltd


This book delves into a comprehensive qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, offering a rich analysis of the diverse legal traditions and cultures within the European framework. Expanding upon existing research, it examines the EU Directive (2019) aimed at harmonizing preventive restructuring laws across several EU member states. Adopting a modern approach to business failure, it explores the implementation of a stay or moratorium, the negotiation of a compromise of existing debt through cram-down, and the subsequent financing of the rescued business for its future growth. Additionally, it considers the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency cases. The chapters provide a critical analysis of legal texts and commentary, examining the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. By critically examining the legal initiatives impacting business rescue within a broader EU legal context, this book serves as an insightful resource for EU policy-makers, insolvency lawyers, and practitioners. Academics and researchers with an interest in European law and EU integration will also find this comprehensive book valuable.


Dimension: 234 x 156 (mm)
ISBN-13: 9781800887855

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