PIL.OT / DEVELOPMENT
PIL.OTv0.57.7
Remigijus Jokubauskas and J. M. G. J. (Gert-Jan) Boon examine the powers and cooperation duties of insolvency practitioners when main and secondary proceedings run in parallel under the European Insolvency Regulation. The central question is whether cooperation can increase the value of separate insolvency estates and which remedies are available when practitioners dispute the treatment of assets between them.
The article places the Court of Justice of the European Union’s 2024 Air Berlin decision at the centre of that analysis. It considers the implications of the decision’s acceptance of a secondary insolvency practitioner’s standing to bring an avoidance action against the main practitioner for the roles of practitioners and the available remedies in cross-border insolvency.
The powers and cooperation of main and secondary insolvency practitioners over assets in cross-border EU insolvency proceedings, including standing to bring avoidance actions against one another
The article brings into focus the tension between cooperation and the separate interests of insolvency estates when main and secondary proceedings operate in parallel within the EU framework. Through Air Berlin, it considers the place and limits of avoidance actions between practitioners in the administration of cross-border insolvencies.
International Insolvency Review · 2026
DOI 10.1002/iir.70058
Remigijus Jokubauskas, J. M. G. J. (Gert-Jan) Boon, “Maximising the value of the insolvency estate in EU cross‐border cases: The interplay of insolvency practitioners in main and secondary insolvency proceedings”, International Insolvency Review, 2026-08-25, 10.1002/iir.70058. https://doi.org/10.1002/iir.70058