CERIL

On Thursday 8 and Friday 9 October 2026, CERIL gathered in Paris for a conference related to the transposition of the Insolvency Directive. The conference dealt with transposition questions on the Directive (EU) 2026/799 of 30 March 2026 harmonising certain aspects of insolvency law (Insolvency Directive). In the course of two days, the conference focussed on: (i) avoidance actions, (ii) tracing of assets, (iii) pre-pack proceedings, (iv) the director’s duty to file, (v) creditors’ committees, as well as (vi) private international law matters related to the Insolvency Directive.

The conference was opened by Prof. Reinout Vriesendorp (Chair), who pointed at the importance of seeing the transposition as a puzzle, and one that must be laid in the right way. For that we may see problems and challenges, but - he emphasised - we should be looking at solutions. A word of welcome was also expressed by Ms. Delphine Caramalli (Clifford Chance) as host to the conference, pointing at the European importance of the rooms where the meeting took place for building a European peace with the Versaille treaty negotiated at its premises.

A keynote address was delivered by Prof. João Pedro Pinto-Ferreira (Nova School of Law) who reflected on the harmonisatin process and what we may realistically expect from that. Observing the scope of minimum harmonisation and political compromise explain what this Insolvency Directive has become. However, with some optimism he considered that we should see the directive as a form of managed diversity. Following the keynote address, three panel discussion took place:

It started with a panel on avoidance actions with Prof. Catarina Serra (University of Minho), Prof. Rolef de Weijs (University of Amsterdam; Houthoff) and Luciano Panzani (Tuscia University). Next was a panel on creditors' committees, with Prof. Dominik Skauradszun (Hochschule Fulda), Mylène Boché-Robinet (Boché Dobelle) and Francesca Burigo (Università eCampus). The day ended with a panel on pre-pack proceedings with Adrian Thery (Garrigues), Renato Mangano (University of Palermo) and Lorenzo Stanghellini (University of Florence).

The day ended with closing remarks by the research associates involved in each of the three project CERIL is conducting on these Titles of the Insolvency Directive, they were delivered by Pavel Kvashnin (Toulouse Capitale University), Umay Çakmak and Jordan Smit (Ten Holter Noordam Advocaten), moderated by Prof. Reinout Vriesendorp (Chair).

Friday 9 October started with a keynote speech by Xavier Clémence (French Ministry of Justice). In his address, he reflected on the on-going EU legislative initatives on insolvency law, in particular the Insolvency Directive, and the challenges it brings for a legislator. This keynote address was followed by a discussion on directors’ duty to file with Prof. Joeri Vananroye (KU Leuven), Georg Wabl (Binder Grösswang) and Prof. Reinout Vriesendorp (Leiden University). Next was a panel on assets tracing with Prof. Antonio Leandro (University of Bari) and Bartosz Groele (Groele i Wspólnicy), moderated by Prof. Paula Moffatt (Nottingham Trent University), and a closing panel on private international law with Dr Gert-Jan Boon (Leiden University) and Prof. Stephan Madaus (Halle-Wittenberg University), moderated by Prof. Elina Moustaira (National and Kapodistrian University of Athens).

The day ended with closing remarks by the research associates involved in each of the three projects CERIL is conducting on these topics of the Insolvency Directive, they were delivered by Iliana Nikolaou (KU Leuven) and Dr. Chiara Lunetti, moderated by Prof. Paula Moffatt (Vice Chair).