Today the EU-Commission published on its website the study on the application of the Insolvency Regulation in the 27 Member States (JUST/2011/JCIV/PR/0049/A4). This Report features the evaluation and the proposals for reforming the Insolvency Regulation which were presented by the EU-Commission in December 2012. It can be downloaded here.
The Report was elaborated and is presented by Prof. Burkhard Hess (Max Planck Institute for Procedural Law, Luxembourg), UnivProf. Paul Oberhammer (University of Vienna) and Prof. Thomas Pfeiffer (University of Heidelberg). The Report consists of several parts: It is based on 27 national reports drafted by a network of academics and practitioners on the basis of a questionnaire. The findings of the national reports were presented and discussed in a conference which took place in Heidelberg in July 2012. They are summarized in the synopsis annexed to the General Report which was elaborated by the Heidelberg team. . In addition, the Vienna Team comprehensively compiled the case-law available in pertinent databases. Overall, the General Report provides for an evaluation of the findings of the national reports and of several proposals for reforming the Regulation. These findings have been constantly discussed with the EU-Commission in the course of the last year. The Report and its Annexes (Annex I: National Reports in tabular form, Annex II: National Reports, Annex III: Compilation of Case-law) are also available here.
As the EU-Commission is envisaging further reforms in the area of insolvency, the network shall continue its cooperation in the next years – additional stakeholders are invited to join the discussion group. This continuing cooperation will be organized by the new Max Planck Institute for Procedural Law in Luxembourg. Further information will be available soon at the Institute’s website.