CERIL

Introduction

In cross-border practice, the EU Insolvency Regulation is of crucial importance. Its application in practice and improvements necessary to have it function better are being addressed.

Chairs

Prof. Stephan Madaus
Prof. Bob Wessels

Completed Projects

• Implementation of the EIR 2015 in National Procedural Rules
  This project examines the policy issues of identifying (and possibly selecting) the regulatory cross-border framework for new procedural options introduced in most EU Member States when implementing preventive restructuring frameworks flowing from Directive (EU) 2019/1023 on restructuring and insolvency.
  
  Reporter(s): Prof. Stephan Madaus and Prof. Em. Bob Wessels
  
  This project resulted in:

  - CERIL Statement 2022-2 on Cross-Border Effects in European Preventive Restructuring
  - CERIL Report 2022-2 on Cross-Border Effects in European Preventive Restructuring
  
  

• Identifying annex actions under Article 6(1) EIR 2015
  In this project, Working Party 11 conducted a survey on issues of international jurisdiction for individual legal cross-border actions that ‘derive directly from public collective insolvency proceedings and are closely linked with them’. To resolve uncertainty on these actions, conveniently called ‘annex actions’, CERIL proposes a concise work of reference to classify and distinguish between annex actions and non-annex actions.
  
  Reporter(s): Prof. Stephan Madaus and Prof. Em. Bob Wessels
  
  This project resulted in:
  - CERIL Statement 2021-1 on identifying annex actions under Article 6(1) of the European Insolvency Regulation 2015
  - CERIL Report 2021-1 on identifying annex actions under Article 6(1) of the European Insolvency Regulation 2015
   
• Implementation of the EIR 2015 in National Procedural Rules
  This project examined six topics of the recast Regulation (which entered into force on 26 June 2017) in the national laws of Finland, France, Germany, the Netherlands and pending draft legislation in Italy. It covers (i) international jurisdiction of the court, (ii) publication and registration in insolvency registers of other Member States,(iii) the relation between main and secondary insolvency proceedings, (iv) provisions related to cooperation and communication between insolvency practitioners, between courts, and between courts and insolvency practitioners,(v) national provisions required in group coordination proceedings, and (vi) remedies in group coordination proceedings.
  
  Reporter(s): Prof. Stephan Madaus and Prof. Em. Bob Wessels
  
  This project resulted in:
  - CERIL Statement 2018-1 on Insolvency Regulation (Recast) and National Procedural Rules
  - CERIL Report 2018-1 on Insolvency Regulation (Recast) and National Procedural Rules

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