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2026-03-doc2 Insolvent entrepreneurs in the EU, a right to a fresh start?

The Preventive Restructuring Directive 2019/1023 is best known for its system (in Articles 4-19) for preventive restructuring frameworks (‘restructuring plans’) and the way the directive’s rules have been implemented in the Member States. Other topics are equally important, such as early warning systems and measures to increase the efficiency of proceedings, including improving the professional quality of judges and practitioners,… Read More »2026-03-doc2 Insolvent entrepreneurs in the EU, a right to a fresh start?

2026-01-26 EU Restructuring & Insolvency: What awaits us in 2026?

For the European Commission, 2026 began with its plan, published in October 2025, to build a more sovereign and independent Europe. The work program, entitled “Europe’s Independence Moment”, addresses current and future challenges arising from threats to the continent’s security and democracy, geopolitical tensions, as well as the risks to the EU’s economy and industry. The leading EU executives have… Read More »2026-01-26 EU Restructuring & Insolvency: What awaits us in 2026?

2025-11-doc1 Does Brussels’ “simplification” drive affect insolvency and restructuring law?

The European Commission, through its President Ursula von der Leyen, has launched a major drive to systematically review and simplify the EU’s 100,000-page regulatory framework. The Commission’s plan centres on the “Competitiveness Compass” with an ambitious target to cut administrative burdens by at least 25% for all businesses and 35% for SMEs. It seems a Herculean job. The Commission is… Read More »2025-11-doc1 Does Brussels’ “simplification” drive affect insolvency and restructuring law?

2025-10-doc2 European Contract Law – Michael Stürner’s 2025 book

Nr VIII in the ‘Ius Communitaties’ series is Michael Stürner’s 2025 volume ‘European Contract Law.’ It offers a comprehensive exposition of European contract law. With xlvii + 683 pages, Stürner presents a European perspective on contracts, not only as a translation of his German book of 2021 on the same subject, but stressing and displaying the non-German, European perspectives. Nevertheless,… Read More »2025-10-doc2 European Contract Law – Michael Stürner’s 2025 book

2025-10-doc1 Clash between consumer law and insolvency law – who wins?

In Poland, R.S. took out a mortgage loan. The loan, provided by a Polish bank (G SA), was indexed in Swiss francs and was taken out by R.S. in 2007. The total amount was 489,821.63 Polish zloty (around US $ 135,000; Euro: 115.110), with a term of 360 months. R.S. was declared personally insolvent by a Polish insolvency court in… Read More »2025-10-doc1 Clash between consumer law and insolvency law – who wins?

2025-09-doc2 DIP – debtor-in-possession or defective IP?

An academic ceremony, at least in the Netherlands, is the defence of a dissertation. Once done successfully the candidate will receive a Doctor of Laws degree. This is what happened to Gert-Jan Boon at Leiden University in early July. His topic of research was the debtor in possession (DIP), a comparative legal approach based on US, EU, and Dutch restructuring… Read More »2025-09-doc2 DIP – debtor-in-possession or defective IP?

2025-09-doc1 Lost in translation? Annex A of the European Insolvency Regulation

The European Insolvency Regulation (EIR 2015) dictates that its overarching definition for “insolvency proceedings” are proceedings that are listed exhaustively in Annex A. To the national procedures contained in Annex A, the EIR 2015 should apply without any further examination by the courts of another member state as to whether the conditions set out in the regulation are met, while… Read More »2025-09-doc1 Lost in translation? Annex A of the European Insolvency Regulation

2025-08-doc5 Jurisdiction in EU Cross-Border Insolvency Law

The book, discussed here, is titled ‘Jurisdiction in EU Cross-Border Insolvency Law’. It has been written by Antonio Leandro, a professor at the University of Bari Aldo Moro in Italy and one of my colleagues of the European Commission’s Group of Experts on Restructuring and Insolvency Law. First a quote: ‘“Jurisdiction” is one of those words which mean different things… Read More »2025-08-doc5 Jurisdiction in EU Cross-Border Insolvency Law

2025-08-doc3 Municipalities in Financial Distress

The phenomenon of a “city” has always fascinated me. For instance, the historical roots of urban development, the acquisition by a city of its own “city rights” by the incumbent ruler, many centuries ago (at least in the Netherlands). See my recent book, written (in English) with historian Maurits den Hollander, titled Palace of Commerce: Amsterdam’s City Hall in the… Read More »2025-08-doc3 Municipalities in Financial Distress

2025-08-doc2 Two UNCITRAL Cross-border insolvency instruments explained

The UNCITRAL Model Law on Cross-Border Insolvency is close to thirty years old. After its slow start following its inception in 1997, the MLCBI (as it is now referred to) was considered by many countries, especially following its adoption by the big players, USA in 2005 and UK in 2006. In the last ten years alone, more than twenty countries… Read More »2025-08-doc2 Two UNCITRAL Cross-border insolvency instruments explained