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417Cross-border Mobility of Insolvent Companies Within the European Union

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  • Mastrullo Thomas

    (Associate professor at the University of Luxembourg; 4 rue Weicker, L 2721 Luxembourg, Luxembourg)

Abstract

Insolvent companies that meet the conditions of Article 54 of the TFEU and have access to the right of establishment provided for by Article 49 of the TFEU can, in principle, move freely within the European area. However, the cross-border mobility of insolvent companies presents a risk of abuse or fraud and may be detrimental to the rights of third parties. Therefore, the law on insolvency proceedings intervenes to provide a framework for this cross-border mobility by combating forum shopping and law shopping, while protecting local interests by means of private international law rules as well as substantive rules.

Suggested Citation

  • Mastrullo Thomas, 2024. "417Cross-border Mobility of Insolvent Companies Within the European Union," European Company and Financial Law Review, De Gruyter, vol. 21(3-4), pages 417-441.
    • Handle: RePEc:bpj:eucflr:v:21:y:2024:i:3-4:p:417-441:n:1004
    DOI: 10.1515/ecfr-2024-0012
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