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