Law - Conference Items

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JCOERE - Judicial Cooperation in the European Union: Insolvency and Rescue
(INSOL Europe, 2019-09-24) Lynch Fannon, Irene; Gant, Jennifer L. L.; Gant, Jennifer L. L.; European Commission
In this conference paper, the JCOERE project consider some implications connected to the Preventive Restructuring Directive and the cooperation obligations under the EIR Recast against the backdrop of emerging European debates. The paper then goes on to consider how the PRD reflects a range of preventive restructuring processes that already exist in the EU with a particular focus on the Irish Examinership process.
Preventive restructuring - Is Ireland a leader in the EU?
(INSOL Europe, 2019-09-24) Finnerty, Aoife; Gant, Jennifer L. L.; European Commission
In this paper, Aoife Finnerty considers a preventive restructuring process unique to Ireland, the Examinership Procedure, in light of the Preventive Restructuring Directive (PRD). The paper discusses whether Ireland is indeed a leader in European preventive restructuring given the existence of the Examinership Procedure for the past 30 years. The paper continues to consider some challenges that might arise with the implementation of the PRD, given the variance in domestic approaches to preventive restructuring pre-PRD and the expected difficulty with harmonising laws with such different starting positions.