Focus on the collection of national insolvency data within the EU by Myriam Mailly

At EU level, insolvency statistics are viewed as a means of measuring the efficiency of national insolvency frameworks from a cross-border investment angle. It is true that insolvency figures are generally used as a tool to measure the country’s good social and economic health. From a creditor’s perspective, these insolvency statistics can be used as an indicator to enable them to secure their choice in lending in one Member State rather than another. From a debtor’s point of view, figures can also highlight the successfulness of a specific type of proceedings rather than another.

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A judicial “cookbook” and recipes for international insolvency cooperation by Nicoleta Mirela Năstasie

In 2014, I attended a training programme related to guidelines and best practices for judicial cooperation in cross-border insolvency.

Explaining that in my daily judicial activity I had insufficient time to determine the most appropriate method to transform general guidelines and rules into concrete measures in pending litigations, someone asked me: “What do you want, Judge, a cookbook for insolvency?”

My direct and immediate answer was: “Yes, if a cookbook helps me to find practical solutions and be efficient”.

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The fate of the practitioners in procedures conerning restructuring, faced with the future Directive on Preventive Restrucuring Frameworks by Emmanuelle Inacio

After the Niebler’s Report on the European Commission’s Directive Proposal on preventive restructuring frameworks1 was endorsed by the plenary meeting of the European Parliament on 12 September 2018 and the Council (Justice and Home Affairs) adopted its General Approach during its meeting on 11 October 2018, the co-legislators have successfully concluded their Trilogue.

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New content and resources published on the INSOL Europe website by Myriam Mailly

We are grateful to Catherine Ottaway from Hoche Avocats (Paris, France) who kindly send us an update on the adaptation of French law to the Regulation on insolvency proceedings. The article focuses in particular on the Order which was adopted in order to facilitate the implementation of the mechanisms created by the Regulation and to enable courts and practitioners to act quickly in often complex insolvency cases, where economic and social issues require exemplary responsiveness.

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