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This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the 'rescue' of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter.--
For many years, The functioning of the single European market has made it easy for companies to establish themselves and do business throughout the European Union¿unless, that is, they failed. In that case, until recently, a company became subject To The insolvency laws of each individual country. The divergence among these laws seemed far beyond the possibility of harmonisation. During the last few years, however, a twofold development is bringing relief. First, thanks To The European Regulation on Insolvency And The UNCITRAL Model Insolvency Laws, jurisdictional issues can be resolved and determined in cases where more than one country is affected by the insolvency of a particular enterprise. Second¿and far more promising¿stated EU policy goals urging a convergence in thinking on substantive insolvency issues at the Member State level are bearing fruit in reforms that abandon extreme or unusual features and open more common ground. Spearheading these reforms are statutory corporate insolvency procedures that offer an alternative to liquidation¿procedures grouped under the heading of corporate rescue. In this book eleven outstanding European insolvency law specialists, representing both practitioners and academics, investigate significant changes in corporate rescue laws that have either already been implemented or that are on the law reform agenda. The essays include expert analyses and evaluations of corporate rescue laws in each of six EU Member States¿France, Germany, Italy, Spain, Sweden, And The United Kingdom¿as well as insightful discussions of the broader European context. Because corporate rescue is the lifeblood of insolvency law, it is likely to be this aspect that has the greatest role to play in the economic and social development of the European Union. For this reason¿and because of the obvious beneficial value of corporate rescue in ensuring fair treatment of creditors and protection of debtors, As well as in reducing the level of stigma attached to insolvency¿Corporate Rescue in Europe will be valued by company lawyers and law firms throughout Europe, and in particular to those handling bankruptcy and insolvency proceedings.
On March 12, 2014 the European Commission presented a "Recommendation on a New Approach to Business Failure and Insolvency" that is has two major objectives. The Commission wants to ensure that viable enterprises in financial difficulties, wherever they are located in the Union, have access to national insolvency frameworks which enable them to restructure at an early stage with a view to preventing their insolvency, and therefore maximize the total value to creditors, employees, owners and the economy as a whole. The Recommendation also aims at giving honest bankrupt entrepreneurs a second chance across the Union. The paper explains and discusses the Recommendation and its fallout.
Since the global financia ...
The new third edition provides readers with the fundamental theories and concepts for understanding how business is done in Europe, linking it to the current European business environment through a range of up-to-date case studies and examples. Revised and updated to include recent changes in the economic and political climate of Europe, and thematic perspectives on key contemporary European challenges, the authors also bring into consideration non-EU Business in the EU as well as the way Brexit is likely to affect businesses. Also new to this edition: Examples and cases from a wider range of European member states, including Tesla, Airbnb, Ryanair, Belgian AB InBev’s acquisition of British SABMiller, and the expansion of Alibaba Group in Europe. Enhanced material on business in EFTA and CEFTA areas. Analysis of the effects digitalisation, business analytics and Artificial Intelligence have on business in Europe. Coverage of the challenges and opportunities stemming from migration and the refugee crisis. A specific focus on the gig and shared economy. An investigation into how sustainability and climate change agreements impact on business. The book is supported by online resources for lecturers and students, including an instructor’s manual, PowerPoint Slides, multiple choice questions, class-based role play instruction guides, chapter summaries, and links to relevant videos and podcasts. Suitable reading for students on European business modules at both undergraduate and postgraduate level.
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Newly revised and updated, this second edition is the classic economic and political account of the origins of the European Community book offers a challenging interpretation of the history of the western European state and European integration.
The European Rescue of the Franco Regime, 1950-1975 explores how the governments of the founding members of the European Coal and Steel Community and the European Economic Community, acting collectively via the European Communities, assisted in the consolidation of the Franco regime. It explains how the Six (the Nine after 1972) implemented a set of policy measures that facilitated the subsistence of the Franco regime, proving that trade with the Six improved Spain's overall economic performance, which in turn secured Franco's rule. The Six provided the Spanish economy with a stable supply of essential raw materials and capital goods and with outlet markets for the country's main export commodities. Through these mechanisms the European Communities assisted Spanish economic development and supported the stabilization of the non-democratic political regime ruling Spain. The Franco regime was never threatened by European integration and the Six/Nine managed to isolate meaningful Community negotiations with Spain from mounting political disturbance. The European Rescue of the Franco Regime, 1950-1975 shows that without unremitting material assistance from Western Europe, it would have been considerably more challenging for the Franco regime to attain the stability that enabled the dictator to maintain his rule until he died peacefully at 82 years old.