Introduction -- Bank resolution techniques -- Bank resolution and bank groups -- Total loss absorbing capactiy -- Fundamentals of resolution authority -- Resolution of insured depoditory institutions -- Resolution of non-bank financial companies -- Resolution planning -- Resolution in the...

This paper asks whether the EU, in solely focusing on the challenges that security and employment law pose to harmonisation of insolvency law, has ignored the greater challenge that differences in political ideologies pose.The paper uses a comparative analysis of the laws of France, Germany and...

After providing an overview of the regulatory framework for early warning tools and informal non-collective preventive procedures focused on facilitating negotiations with creditors outlined in the draft restructuring directive, issued on November 22, 2016, this Article focuses on the...

This chapter deals with fundamental issues of corporate insolvency law. Particular attention is paid to the agency problems related to “bankruptcy governance” and how these are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares...

Certain insolvency law rules, like creditors' priorities and set-off rights, have a distributive impact on creditors. Distributional rules reflect the hierarchies of values and interests in each jurisdiction and, as a result, have high political relevance and pose an obstacle to reforming the EU...

The management of international insolvency proceedings and debt-restructuring operations constitutes a field in which United Kingdom has reached an unarguable leadership during the last decades. An essential key for the success of this industry lies on the uniform regime that EU Law (specially...

This Working Paper looks at the CJEU’s changing interpretation of Article 8 of Directive 2008/94/EC (protecting pension rights on employer insolvency) over the last 14 years through its decisions in Robins, Hogan, Webb-Sämann, Hampshire and Bauer. The CJEU both decided that pension protection...