Quo Vadis European Insolvency Law?
Quo Vadis European Insolvency Law?

Summary/Abstract: On November 20, 2025, the Directorate-General for Justice and Consumers announced that the European Commission supports the provisional political agreement reached between the European Parliament and the Council on the creation of new rules to harmonise certain corporate insolvency rules within the EU. The aim of the new directive is to encourage cross-border investment within the EU single market through targeted harmonisation of insolvency proceedings. The paper will primarily focus on introducing and analysing the proposal of the new directive in detail: 1. the recovery of assets from the liquidated insolvency estate; 2. the efficiency of procedures; and 3. the predictable and fair distribution of recovered value among creditors. Secondly, the paper highlights the future tasks and obligations of individual Member State legislators in transposing the directive.

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