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1 Introduction

Reinhard Bork

From: European Cross-Border Insolvency Law (2nd Edition)

Reinhard Bork, Renato Mangano

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 April 2024

Banks and cross-border issues — Bank resolution and insolvency

This chapter introduces cross-border insolvency issues and their regulation under the EU Regulation 2015/848. It also tackles the role of the Court of Justice of the European Union (CJEU) on regards to European cross-border insolvency laws and the Court’s judicial activism. Cross-border insolvency cases look into which state has the jurisdiction, applicable laws, and judgement recognition on foreign law enforcement. Moreover, the regulation of cross-border insolvency issues improves the internal market while establishing a sector of freedom, security, or justice. The chapter clarifies that the cross-border issues are mostly political in nature instead of geographical. It also covers how the cross-border insolvency law of Brexit and Directive (EU) affected preventive restructuring.

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