WP 7 Impairment of shareholders rights in restructuring procedures


The interaction of European insolvency rules and national company law rules increases with the implementation of the Restructuring Directive in the member states. The focus of the Working Party is on the effects of restructuring on existing national company law systems, including the position of the IP versus ‘organs’ of a company, including impairment of shareholders’ rights), mutual information sharing e.g. between board and IP, debt-for-equity swaps or rules regarding director’s disqualification.


Stathis Potamitis
Roel Fransis

Current Projects

  • Debt-to-equity-swaps as a restructuring tool
    The WP started in 2017 with a clear focus on the availability and necessity of a debt-to-equity-swap as a restructuring tool. A survey was conducted regarding the availability of such a tool and its dependence on shareholder consent (Stage 1 survey). The survey led to a draft Report in 2018 before it was decided to pause the project in order to reflect the development of the 2019 EU Preventive Restructuring Directive and its implementation in Member States.

Members part of

WP 07 Impairment of shareholders rights in restructuring procedures

Michal Barlowski Ordinary Conferee
Pavel Boulatov Ordinary Conferee
Ieva Broka Ordinary Conferee
Amanda Cohen Judicial Conferee
Rolef de Weijs Academic Conferee
Anja Droege Gagnier Ordinary Conferee
Juana Pulgar Ezquerra Academic Conferee
Patryk Filipiak Academic Conferee
Roel Fransis Co-Chair/Ordinary Conferee
Francisco Garcimartin Academic Conferee
Rita Gismondi Ordinary Conferee
Bartosz Groele Ordinary Conferee
Frank Heemann Ordinary Conferee
Ferdinand Hengst Ordinary Conferee
Tuomas Hupli Academic Conferee
Ivan Ikrényi Ordinary Conferee
Stephan Madaus Academic Conferee
Miguel Martínez Muñoz Academic Conferee
Luciano Panzani Academic Conferee
Stathis Potamitis Co-Chair/Ordinary Conferee
Alexander Rokas Academic Conferee
Omar Salah Ordinary Conferee
Catarina Serra Judicial Conferee
Fátima Reis Silva Judicial Conferee
Dominik Skauradszun Academic Conferee
Petr Sprinz Ordinary Conferee
Lorenzo Stanghellini Academic Conferee
Georg Arend Wabl Ordinary Conferee
Annemari Õunpuu Ordinary Conferee
Đuro M. Đurić Academic Conferee