Chapter 4: Cross-border insolvency coordination, recognition, and cooperation
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Chapter 4 continues the analysis of procedural coordination under the European Insolvency Regulation 2000/1346 (EIR). It also considers the interface between this legislative instrument and the Brussels 1 Regulation on coordination and how both instruments interface with the Directive on restructuring processes. The lack of full complementarity between these coordinating instruments has been considered in domestic courts and by the CJEU. Of interest for example is that the Directive allows member states to avoid coordination obligations under the EIR. The chapter explores the effect on EU aspirations towards cooperation between courts in cross-border insolvency and restructuring cases. Additionally, the Chapter develops a distinction between recognition obligations simpliciter and what might be involved in cooperation. This analysis is informed by comparison with experiences with judicial enforcement of court orders and the separate concept of judicial assistance in non-EU member states.

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