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Introduction

The Company Law Directive (Directive (EU) 2017/1132, "CLD") as amended by the Mobility Directive (Directive (EU) 2019/2121) provides that Member States may decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of insolvency proceedings or subject to preventive restructuring frameworks (Art. 86a(4)(a), 120(5)(a), 160(5)(a) CLD). Moreover, Member States may also decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of other liquidation proceedings (Art. 86a(4)(b), 120(5)(b), 160(5)(b) CLD).

Chairs

Prof. Jessica Schmidt
Prof. Juana Pulgar Ezquerra

Current Projects

• Mobility of companies subject to insolvency proceedings or preventive restructuring frameworks

  The Company Law Directive (Directive (EU) 2017/1132, "CLD") as amended by the Mobility Directive (Directive (EU) 2019/2121) provides that Member States may decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of insolvency proceedings or subject to preventive restructuring frameworks (Art. 86a(4)(a), 120(5)(a), 160(5)(a) CLD). Moreover, Member States may also decide not to apply the rules on cross-border conversions, mergers and divisions to companies which are the subject of other liquidation proceedings (Art. 86a(4)(b), 120(5)(b), 160(5)(b) CLD).

  The project will examine which Member States made use of this option and in what way. It will analyse the pros and cons of the different implementations and provide recommendations.
  
  Reporters: Prof. Jessica Schmidt and Prof. Juana Pulgar Ezquerra

  Research Associate: Mr. Adrian Strahm

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