Quotation Enriques, Luca, Gelter, Martin. 2006. Regulatory Competition in European Company Law and Creditor Protection. European Business Organization Law Review 7 (1): 417-453.


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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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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal European Business Organization Law Review
Citation Index SSCI
Language German
Title Regulatory Competition in European Company Law and Creditor Protection
Volume 7
Number 1
Year 2006
Page from 417
Page to 453
Reviewed? N
URL http://dx.doi.org/10.1017/S1566752906004174

Associations

Projects
Regulatory Competition in European Company Law
People
Gelter, Martin (Former researcher)
External
Enriques, Luca (Università di Bologna, Italy)
Organization
Business Law II (Mock) AB (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5112 European law (Details)
5208 Company law (Details)
5212 International civil law (Details)
5238 Civil procedure law (Details)
5300 Economics (Details)
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