The European Insolvency Regulation
The European Insolvency Regulation and Implementing Legislations – A Commentary, Elgar 2024.
This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.
Key Features:
● Expansive reference to case-law and legal writings
● Specific attention to private international law issues
● Comprehensive article-by-article analysis of the EIR
● Meticulous explanation by leading scholars in the field to aid understanding of each provision
● Up-to-date breakdown of the main national implementation legislations of the regulation
● Exploration of the interplay between the EIR and the Brussels Ibis Regulation, as well as the relationships with third countries
This Commentary will be a crucial reference tool for practitioners active in cross-border insolvency and restructuring in Europe. It will also prove a key resource for students and scholars of commercial law, company and insolvency law, and European private international law.
This new Commentary on the European Insolvency Regulation (EIR) provides a helpful introduction, a deep analysis of its provisions in the light of EU and national case law, together with an annex gathering the implementing legislations of many EU countries. Its contributors, mainly scholars of different jurisdictions, approach the provisions of the EIR with a marked and remarkable private international law perspective on the issues of jurisdiction, applicable law, recognition, and cooperation that arise from EU cross-border insolvency proceedings. This Commentary is a much-welcomed resource for practitioners, court judges and scholars dealing with EU cross-border insolvency and restructuring issues.
– Giorgio Corno, Studio Corno Avvocati, Italy and President, INSOL Europe
This book is certainly valuable for practitioners specialising in (international) insolvency and restructuring. In the first and second decade of this century, this area of law grew in significance in the legal service market. Also, for scholars working in this field of law it presents a sound and solid treatment of several of the most central topics. This book contributes considerably to scholarship and enriches the debates on how (cross-border) debt restructuring is conducted in leading jurisdictions. In future editions, one would wish a more equal and uniform level of approach by the authors to strive for a more coherent treatment of all matters of the Insolvency Regulation. Two years ago, when reviewing one of his other publications (here) I portrayed Cuniberti as a traditional PIL expert, with little regard for cross-border insolvency law. With this book, co-written and edited by him, he has certainly taken revenge.
– Bob Wessels, Leiden University, NL (Full review available here)
The editors Cuniberti and Leandro have brought together a team of 13 other authors who share the work of commenting with them. When writing a work for the European market, it makes sense to set up a European team so that the law being commented on is not viewed through a single national lens. This is not the case with all English-language commentaries on the EIR, but it has been done admirably here. The editors come from eight jurisdictions (Belgium, Finland, France, Italy, Luxembourg, the Netherlands, Austria and Poland). They are overwhelmingly professors, supplemented by a judge and a lawyer, and all have reputations in insolvency law beyond the borders of their own country. (…)