Communication and cooperation

Bob Wessels and Defne Taşman

Chapter 9 in The European Insolvency Regulation, 2026, pp 84-96 from Edward Elgar Publishing

Abstract: Cooperation and communication are rooted in the general EU principles of mutual trust and sincere cooperation in the primary law (EU Treaties). The EIR 2015 builds on those principles by establishing a detailed and structured framework for cross-border communication and cooperation between the insolvency practitioners, between courts, and between courts and practitioners. This scheme is supported by the CJEU case law. The cooperation between courts is free of charge. The EIR does not specifically regulate the methods and conditions of cooperation between insolvency practitioners, and between insolvency practitioners and courts. However, the European Communication and Cooperation (CoCo) Guidelines offer useful guidance. The EIR 2015 provides the undertaking mechanism as an additional solution for managing cross-border estates, albeit its use remains limited. The undertaking mechanism operates through a unilateral commitment by the insolvency practitioner of the main proceedings.

Keywords: TEU; TFEU; Cross-Border Cooperation and Communication; CoCo Guidelines; Undertaking; Synthetic Proceedings (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035396436
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