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Part I Corporate Debt Restructuring, 2 The European Restructuring Directive

Rodrigo Olivares-Caminal, Randall D. Guynn, Alan W. Kornberg, Sarah Paterson, Dalvinder Singh

From: Debt Restructuring (3rd Edition)

Rodrigo Olivares-Caminal, Alan Kornberg, Sarah Paterson, Dalvinder Singh, Eric McLaughlin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024


Chapter 2 provides an overview and analysis of the European Restructuring Directive. It starts with an analysis of the motivations for the Directive and of criticisms which have been advanced in the scholarship. The chapter then continues with an analysis of the provisions of the Directive. There is a particular focus on difficult issues which arise in interpreting the language of the Directive, and on the optionality which the Directive provides Member States. Examples of implementation from Germany and the Netherlands are also included. The chapter concludes with a brief analysis of avenues for cross-border recognition of European restructuring plans.

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