Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to...

In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member st...

Reform of the European cross-border insolvency rules: EU regulation 848/2015. On May 2015, 20th, the European legislator enacted the EU regulation 848/2015 on insolvency proceedings (Recast Regulation). The new text, amending and repealing the EU regulation 1346/2000, includes a series of innovations aiming to improve his general functioning and to bring more efficacy and efficiency in cross-border insolvency proceedings in Europe. The...