CERIL

CERIL's Statement and Report 2025-2 highlight the broad European support for the EIR 2015 as an instrument for cross-border insolvency cases. Nonetheless, experience with the EIR 2015 and recent legal developments suggest various areas for reform.

CERIL recommends that further assessment of the EIR 2015 should consider the use of COMI, the treatment of the insolvency of groups of companies and revisit the EIR 2015’s scope with regard to (confidential) preventive restructuring frameworks. In addition, refinements of the rules on insolvency-related judgments, exceptions to the lex fori concursus and the treatment of territorial (secondary) proceedings are urged.

Lastly, the findings recommend making improvements to the EU interconnection of insolvency registers, enhancing cooperation and communication, particularly among judges, and consider the inclusion of rules in the EIR 2015 regarding insolvency proceedings in non-Member States.

This Statement and Report were prepared by:

Reporters:

• Dr. Gert-Jan Boon
• Prof. em. Reinout Vriesendorp

In the preparation of the Statement and Report, WP 11 was assisted by Mr Jaime Vázquez García, PhD researcher at the Autonomous University of Madrid (Spain)). .

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1. CERIL Statement 2025-2.
2. CERIL Report 2025-2.