ABSTRACT
This chapter focusses on the development of the European Union (EU) insolvency law. It presents the shapes and forms of the EU insolvency law and the main legal instruments that constitute this area of the EU law. The development of EU insolvency law is complex and covers not only cross-border aspects of insolvency proceedings, but also harmonises some elements of the national insolvency law. An important source of development of this area of law is the case law of the Court of Justice of the European Union which provides a coherent application of the EIR and other insolvency law instruments. Also, this chapter focusses on the means to attain effective cross-border insolvency proceedings in the EU and how the competence between the national law of the Member States and EU law is divided.
