WP 2 Avoidance actions

Introduction

This Working Party deals with transactions avoidance law, i.e. rules which provide for the voidness or voidability of transactions that have been performed prior to the opening of insolvency proceedings, are typically valid under general civil law yet are contrary to certain principles of insolvency law, particularly to the principle of equal treatment of creditors.


Chairs

Prof. Reinhard Bork
Catarina Serra


Completed Projects

  • Value Extraction Schemes 2019
    The Working Party dealt with value extraction schemes and their combating in the national transaction avoidance laws of EU Member States. After the opening of insolvency proceedings, Insolvency Practitioners (if necessary, by approaching a court) will try to reverse value extraction schemes by recollecting unfair advantages from the shareholders, be it by means of transactions avoidance, be it by means of company or general civil law. The Report Reversal on Value Extraction Schemes covers fourteen European jurisdictions. Reporter(s): Prof. Reinhard Bork and Prof. Catarina Serra.

    Reporters: Prof. Reinhard Bork and Prof. Catarina Serra

    This project resulted in:
    CERIL Statement 2019-2 on reversal of Value Extraction Schemes
    CERIL Report 2019-2 on reversal of Value Extraction Schemes

  • European Transaction Avoidance Laws 2017
    National insolvency laws in Europe typically contain rules on avoidance actions. Some of them are designed to provide sanctions against fraudulent behaviour or transactions at an undervalue, whereas others aim to enforce the principle of equal treatment of creditors by enabling the insolvency practitioner to challenge preferential treatment given to a creditor in a given period prior to the application for, or opening of, insolvency proceedings. The project aims at collecting information on transactions avoidance rules from various jurisdictions and examining them in light of their underlying policies and principles. Reporter(s): Reinhard Bork.

    Reporter: Reinhard Bork

    The project resulted in:
    CERIL Statement 2017-1 on Transaction Avoidance Laws
    CERIL Report 2017-1 on Transaction Avoidance Laws

Members part of

WP 02 Avoidance actions

Michal Barlowski Ordinary Conferee
Reinhard Bork Co-Chair/Academic Conferee
Pavel Boulatov Ordinary Conferee
Ieva Broka Ordinary Conferee
Bart De Moor Ordinary Conferee
Rolef de Weijs Academic Conferee
Miodrag (Miki) Dordevic Judicial Conferee
Patryk Filipiak Academic Conferee
Roel Fransis Ordinary Conferee
Jasnica Garašić Academic Conferee
Francisco Garcimartin Academic Conferee
Rita Gismondi Ordinary Conferee
Bartosz Groele Ordinary Conferee
Aurelio Gurrea-Martinez Academic Conferee
Annina H Persson Academic Conferee
Frank Heemann Ordinary Conferee
Tuomas Hupli Academic Conferee
Ivan Ikrényi Ordinary Conferee
Marjolaine Jakob Ordinary Conferee
Line Langkjaer Academic Conferee
Antonio Leandro Academic Conferee
Irene Dr. Lynch Fannon Ordinary Conferee
Caterina Macchi Judicial Conferee
Renato Mangano Academic Conferee
Miguel Martínez Muñoz Academic Conferee
Göran Millqvist Academic Conferee
Grégory M. D. Minne Ordinary Conferee
Paula Moffatt Academic Conferee
Luciano Panzani Academic Conferee
Tomáš Richter Ordinary Conferee
Omar Salah Ordinary Conferee
Ignacio Sancho Judicial Conferee
Catarina Serra Co-Chair/Judicial Conferee
Tinatin Shugarova Ordinary Conferee
Petr Sprinz Ordinary Conferee
Joeri Vananroye Academic Conferee
Melissa Vanmeenen Academic Conferee
Michael Veder Academic Conferee
Reinout Vriesendorp Ordinary Conferee
Oleg Zaitsev Academic Conferee