JOeCERIL Report 2019-2 on Reversal of Value Extraction Schemes

CERIL highlights that in many jurisdictions in Europe value extraction schemes can be challenged through transactions avoidance laws and other remedies in company law and/or civil law. Generally, national laws provide for sufficient protection against value extraction schemes, however acquiring the necessary information to initiate a claim needs improvement.

read more »

JOeCERIL-ELI Report 2019-1 on on UNCITRAL’s Draft model law on enterprise group insolvency

On 15 March 2019, CERIL issued the CERIL-ELI Report 2019-1:

This report has been established in a collaboration of the European Law Institute (ELI) and CERIL. They jointly responded (on 15 March 2019) to the Secretariat of UNCITRAL’s invitation of 29 January 2019 to comment on the draft model law on enterprise group insolvency.

 

read more »

JOeCERIL REPORT 2018-2 on Cross-border Restructuring and Insolvency post-BREXIT

On 12 December 2018, CERIL issued its Report 2018-2:

Cross-border Restructuring and Insolvency post-BREXIT: CERIL highlights the relationship between the EU and the UK after Brexit in the area of restructuring and insolvency law and seeks to formulate a position on the nature and content of a possible future instrument governing that relationship.

read more »

JOeCERIL STATEMENT 2018-2 on Cross-border Restructuring and Insolvency post-BREXIT

On 12 December 2018, CERIL issued its Report 2018-2:

CERIL highlights the relationship between the EU and the UK after Brexit in the area of restructuring and insolvency law and seeks to formulate a position on the nature and content of a possible future instrument governing that relationship.

read more »

JOeCERIL Statement 2018-1 on Realisation of the EU Insolvency Regulation (EIR 2015) in the Member State

On 4 June 2018, CERIL issued its Report 2018-1:

Realisation of the EU Insolvency Regulation (EIR 2015) in national (procedural) law of the Member States
 

read more »

OngecategoriseerdIn memoriam Ian Fletcher (1944-2018)

It is with great sadness that we report the passing away of a dear friend and colleague, Ian Fletcher, on 21 July 2018. Prof. em. Ian F. Fletcher, QC (hc) was a founding conferee of CERIL and a member of the Executive. He was 74.

read more »

OngecategoriseerdCERIL Statement 2017-1 on Avoidance actions

On 26 September 2017, CERIL issued its Report 2017-1:

Clash of Principles: Equal Treatment of Creditors vs. Protection of Trust in EuropeanTransactions Avoidance Laws

read more »

OngecategoriseerdDirector's liability

Director's liability

The role of directors changes as national insolvency law evolve and encompass preventive and/or restructuring insolvency proceedings in national jurisdictions. Directors’ roles - their rights and obligations - arising after opening and until closing of preventive insolvency proceedings need to be understood in order to establish grounds of their liability.

 

read more »

OngecategoriseerdGroups and group coordination system under the Recast

Under the EU 2015/848 Insolvency Regulation (recast) of 20 May 2015 insolvency proceedings of members of a group of companies have their own set of rules, see Chapter V (Article 56 et seq.). Prior to these rules, the restructuring and insolvency of parents and subsidiaries was not regulated.
 

read more »