Case-law compound and evolutions within the European Union cross-border insolvency regulation

Abstract

The Private International Law produced within the EU dates back to recent times through the new enabling bases included in the founding Treaties, with which a large number of Regulations have been adopted, including that on cross-border insolvency, in two versions of enacted in 2000 and 2015. In these we witness their subsequent clarification, through the jurisprudence of the Court of Justice of the EU operated through the preliminary ruling question. The influence of said jurisprudential work on the improvement of the European regulatory regime will be analyzed, both currently and with a view to its improvements in the future, work that, in a typically European key, never leaves aside the unifying work of the high jurisdiction of the Union.