In this article, we study the choice of issuer location and regulatory competition in the European corporate debt market. We find that, in absolute terms, Germany has by far the highest outflow of debt issues, while the Netherlands, the UK, Luxembourg and Ireland see the most inflows (in that...

This paper critically reviews the EU Commission's proposals for a reform of the European Insolvency Regulation (EIR). The focus of the paper is on the Regulation's use as a tool for business restructuring in Europe. The paper argues that the Commission's proposals are not based on sound...

Abuse of law is a concept that can be found in the private laws of many jurisdictions in the world. The EuropeanCourt of Justice has recently resorted to the concept quite oftenwhen dealingwith the reach of the fundamental freedoms guaranteed by the EC Treaty. This article applies the abuse of...

In this article, I attempt to answer fundamental questions raised by the rise of robots and the emergence of ‘robot law'. The main theses developed in this article are the following: (i) robot regulation must be robot- and context-specific. This requires a profound understanding of the micro-...

Two events are currently changing the landscape for business restructurings in the European Union: the “Restructuring Recommendation” (RR) of the European Commission, issued in 2014, and the 2015 recast of the European Insolvency Regulation (EIR). In this paper, we critically review the RR...

Abuse of law is a concept that can be found in the private laws of many jurisdictions in the world. The European Court of Justice has recently resorted to the concept quite often when dealing with the reach of the fundamental freedoms guaranteed by the EC Treaty. This article applies the abuse...

COVID-19 has severely disrupted the conduct of business around the globe. In jurisdictions that impose one or more ‘lockdowns', multiple sectors of the real economy must endure prolonged periods of reduced trading or even total shutdowns. The associated revenue losses will push many businesses...

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...

Insolvency proceedings and issues relating to personal and business insolvencies are the daily subject of scholarly work and insolvency practice. But what is an insolvency proceeding? And why is this an important question? This article deals with a specific regulatory problem that is raised by...

German Abstract: Die Zahl strategischer Insolvenzen, also von freiwillig eingeleiteten Insolvenzverfahren zur planvollen Erreichung eines bestimmten wirtschaftlichen Ziels, nimmt weltweit stark zu. Der Beitrag analysiert auf rechtsvergleichender und interdisziplinärer (Recht/Ökonomik)...