Corporate Recovery in an Integrated Europe

Irene Lynch Fannon, Professor of Law Emerita, School of Law, University College Cork, Ireland, Jennifer L.L. Gant, Senior Lecturer in Law, College of Business Law and Social Sciences, University of Derby and Aoife Finnerty, Senior Research Associate, University of Bristol, UK

Contents: Foreword PART I INTRODUCTION TO CORPORATE RECOVERY IN AN INTEGRATED EUROPE: HARMONISATION, COORDINATION AND JUDICIAL COOPERATION 1. Introduction: business failure and economic recovery in the European Union 2. The EU approach to business failure and rescue: the conceptual framework PART II COORDINATING CROSS-BORDER INSOLVENCY AND RESTRUCTURING PROCESSES IN THE EU 3. The European Insolvency Regulation: from inception to legislation 4. Cross-border insolvency coordination recognition, and cooperation 5. The European Insolvency Regulation (Recast): the obligation to cooperate, rescue and the Preventive Restructuring Directive PART III FROM FORMAL LIQUIDATION TO RESCUE AND RESTRUCTURING 6. The development of rescue and restructuring in the EU 7. The Preventive Restructuring Directive 8. Key preventive restructuring provisions: context, commentary, and conflict PART IV CHALLENGES TO CROSS-BORDER JUDICIAL COOPERATION, COORDINATION OF COURT PROCESSES AND REAL INTEGRATION AND HARMONISATION 9. Legal and judicial culture: challenges to cross-border cooperation 10. Procedural obstacles to cooperation in cross-border restructuring cases 11. Judicial experience and reality of court-to-court cooperation in the EU 12. Conclusion Index