Enriques, Luca, Gelter, Martin. 2008. Regulatory Competition in European Company Law and Creditor Protection. In: The Law and Economics of Creditor Protection. A Transatlantic Perspective, Hrsg. Horst Eidenmüller & Wolfgang Schön, 421-457. The Hague: T. M. C. Asser Press.
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Abstract
The European framework for creditor protection has undergone a remarkable transformation in recent years. While the ECJ's Centros case and its progeny have introduced free choice with respect to the State of incorporation, and hence the substantive company law regime, the European Insolvency Regulation has implemented uniform conflict of laws rules for insolvencies. However, this regime has opened up some forum shopping opportunities. This article analyzes possible consequences of regulatory competition and forum shopping for creditors and argues that the "insolvencification" of corporate law creditor protection mechanisms will not enable national policymakers to impose their respective ideas about creditor protection on firms in a fully-fledged manner.
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Status of publication | Published |
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Affiliation | WU |
Type of publication | Chapter in edited volume |
Language | English |
Title | Regulatory Competition in European Company Law and Creditor Protection |
Title of whole publication | The Law and Economics of Creditor Protection. A Transatlantic Perspective |
Editor | Horst Eidenmüller & Wolfgang Schön |
Page from | 421 |
Page to | 457 |
Location | The Hague |
Publisher | T. M. C. Asser Press |
Year | 2008 |
ISBN | 978-90-6704-263-5 |
Associations
- Projects
- Regulatory Competition in European Company Law
- People
- Gelter, Martin (Former researcher)
- External
- Enriques, Luca (Università di Bologna, Italy)
- Organization
- Civil Law and Civil Procedure Group V (Civil, Business and Insolvency Law) AB (Details)
- Research areas (ÖSTAT Classification 'Statistik Austria')
- 5208 Company law (Details)
- 5224 Comparative law (Details)
- 5240 European law (Details)
- 5300 Economics (Details)