Current European laws aim to intensify cooperation among a variety of insolvency procedures. But who exactly are obligated to cooperate and communicate? What do these obligations entail? When are actors allowed to refuse to cooperate and communicate? The book introduces a novel approach to these obligations based upon welfare economics.Toon meer
The Recast European Insolvency Regulation (EIR Recast) contains multiple provisions which require insolvency practitioners, courts, debtors in possession and coordinators to cooperate and communicate with each other. They must do this in cross-border insolvency proceedings relating to a single debtor and in proceedings relating to members of a group of companies. There have been various academic initiatives to offer practitioners tools to collaborate and communicate with each other. However, a comprehensive analysis of all cooperation and communication obligations has not yet been carried out.
Cooperation and Communication Obligations in European Insolvency Law is the first publication to offer an in-depth discussion of these obligations following the ever-increasing Europeanization of insolvency law. Who are obligated to cooperate and communicate? What do these obligations entail? Under what circumstances are actors allowed to refuse to cooperate and communicate? The book introduces a novel approach to these obligations based upon welfare economics. The author argues that the obligations are much broader than previously thought.
Data protection rules from the General Data Protection Regulation (GDPR) will often apply to the communication of information based upon the EIR Recast’s obligations. The author discusses when these rules apply and how actors who must cooperate and communicate based upon European insolvency law can comply with European data protection law.
This pioneering publication is especially relevant for all actors who must cooperate and communicate based upon European insolvency law, especially insolvency practitioners and courts.