WP 19 Mobility of companies facing insolvency

    Introduction

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    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: Adrian Eickhoff


    Members part of

    WP 19 Mobility of companies facing insolvency

    Adrian Eickhoff Research Associate
    Juana Pulgar Ezquerra Co-Chair/Academic Conferee
    Antonio Leandro Academic Conferee
    Jessica Schmidt Co-Chair/Academic Conferee