CERIL

Introduction

Insolvency or restructuring of groups of companies (enterprise groups) creates specific challenges in practice. Since 2017 a set of rules has been included in the EU Insolvency Regulation, whilst in 2019 UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency has been developed. Application of these rules and their development is critically followed. In the EU, the appointment of a ‘group coordinator’ is possible. See Working Party (Code of conduct for the group coordinator).

Chairs

Nora Wouters
Prof. Stephan Madaus

Current Projects

EU group coordination proceedings
Reporters: Prof. Andreas Geroldinger, Dr. Myriam Mailly, Prof. Stephan Madaus and Nora Wouters
Research Associates: Mr. Sid Pepels

Completed Projects

• Pros and cons of EU group coordination proceedings
  CERIL identifies the fact that the EU ‘group coordination proceedings’ system is not used in practice, resulting in inefficient administration of insolvency proceedings relating to different companies forming part of a group of companies. The study comprised of two parts: (1) a review of relevant literature on the subject, and (2) interviews with relevant insolvency practitioners within the EU. In addition to the Statement, the reporters present an annex comprising an overview of the pros and cons of the current framework for EU group coordination proceedings.
  
  Reporters: Prof. Andreas Geroldinger, Dr. Myriam Mailly, Prof. Stephan Madaus and Nora Wouters
  
  This project resulted in:
   - CERIL Statement 2021-2 on EU group coordination proceedings
   
• A Reply on the UNCITRAL’s Model Law on Enterprise Groups Insolvency
  CERIL highlights the recent work of UNCITRAL on a Model Law on Enterprise Group Insolvency (MLG). Following a prior consultation in 2019 – to which CERIL and the European Law Institute (ELI) made a joint contribution – this report analyses the amendments made in the final text, as adopted by UNCITRAL’s Commission in July 2019. In line with recommendations made in the CERIL-ELI Report 2019-1, the multiple amendments were incorporated contributing to a more effective functioning of the UNCITRAL Model Law on Enterprise Group Insolvency.
  
  Reporters: Nora Wouters and Prof. Stephan Madaus
  Research Associate: Ilya Kokorin
  
  This project resulted in:
   - CERIL Statement 2019-3 on A Reply to UNCITRAL’s Model Law on Enterprise Group Insolvency
   
• UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency
  This Working Group of CERIL investigated in cooperation with the European Law Institute (ELI) the structure and text of the UNCITRAL draft model on enterprise group insolvency, in order to amend, modify or clarify its text to be ready to enact as a national law. It proposes seventeen recommendations to amend the draft model law as suggested in this Report. These recommendations are focusing on essential definitions (such as planning proceeding), the scope of the envisaged draft model law (international jurisdiction), the improvement of suggested provisions of cooperation and coordination, the criteria for appointment of an insolvency representative or a group representative, the participation of group members in certain procedures, the organisation of planning proceedings as well as the possibility of providing an undertaking in relation to certain proceedings or claims.
  
  Reporters: Nora Wouters and Prof. Stephan Madaus

  Research Associate: Ilya Kokorin
  
  The project resulted in:
  - CERIL Statement 2019-1 on the CERIL-ELI Report on UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency
  - CERIL-ELI Report 2019-1 on UNCITRAL’s Draft Model Law on Enterprise Groups Insolvency

Current Projects

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