Insolvency law harmonisation: pre-packs, employees, and the spirit of EU law

Book chapter

Gant, J. 2025. Insolvency law harmonisation: pre-packs, employees, and the spirit of EU law. in: Ama, O. (ed.) International Investment Law Reforms: Contemporary Issues and Solutions Abingdon, UK Routledge. pp. 124-133
AuthorsGant, J.
EditorsAma, O.
Abstract

This Chapter will begin with a brief history of insolvency law harmonisation in the EU in order to lend context to the question at hand. It will then explain the nature of the pre-packaged administration (pre-pack) in general and under the Proposal. It will then explain how the transfer provisions of the Acquired Rights Directive[ operate in the context of insolvency procedures and how the European courts have interpreted issues arising from circumstances in which a business continues its operations during an insolvency procedure. Finally, it will identify the potential conflict between Article 20(1) of the Proposal and the courts interpretative approach to the insolvency exception under Article 5 of the ARD.

"This is an Accepted Manuscript of a book chapter published by Routledge in International Investment Law Reforms: Contemporary Issues and Solutions on 11 March 2025, available online: http://www.routledge.com/9781032804866

Keywordspre pack; insolvency; restructuring; corporate rescue; employment protection; acquired rights; transfer of undertakings
Page range124-133
Year2025
Book titleInternational Investment Law Reforms: Contemporary Issues and Solutions
PublisherRoutledge
Place of publicationAbingdon, UK
SeriesRoutledge Research in International Law
ISBN9781032804866
Digital Object Identifier (DOI)https://doi.org/10.4324/9781003502760-7
Web address (URL)https://www.routledge.com/International-Investment-Law-Reform-Contemporary-Issues-and-Solutions/Ama/p/book/9781032804866
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Output statusPublished
Publication dates
Online11 Mar 2025
Publication process dates
CompletedJan 2025
Deposited10 Jul 2025
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