European Union: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
EU Inc. — Will The Proposed New EU-Wide Company Form Keep Startups In Europe?
Despite hosting over 40,000 VC-backed tech startups and creating more of them than any other region globally, the EU had only 331 unicorns, as compared to 1,963 in the US as of 2025. The numbers highlight a structural challenge: European companies have been struggling to scale up and compete globally for some time, and a growing number of European high-growth startups are relocating their headquarters outside the EU, primarily to the US.
Finland Commercial
HS
Hannes Snellman Attorneys Ltd
Article
Luxembourg Securitisation Law Proposed Amendments
The Luxembourg government has filed a bill of law proposing targeted amendments to the country's securitisation framework, building on 2022 reforms to address evolving market practices. The proposed changes focus on expanding financing methods, strengthening insolvency protections, enabling compartment-to-compartment investments, broadening security package flexibility, refining active management rules, and clarifying statutory subordination provisions for securitisation vehicles.
Luxembourg Finance
CL
CMS Luxembourg
Article
Recognition Of Liabilities In Insolvency Proceedings: Legal Certainty Regarding Claims Not Filed With The Insolvency Schedule
The German Federal Fiscal Court has ruled on a critical question in insolvency taxation: when a creditor withdraws claims from insolvency proceedings, must the debtor derecognize the corresponding liability and recognize taxable income? This judgment clarifies the threshold required for liability derecognition and establishes important principles for restructuring scenarios.
Germany Insolvency
AO
A&O Shearman
Article
The Qualified Subordination Declaration – Opportunities And Risks
Shareholder loans serve as vital financing tools for German Mittelstand companies, but they can trigger insolvency obligations when financial difficulties arise. A qualified subordination (qualifizierter Rangrücktritt) offers a solution by converting these loans into liable capital, yet the Federal Court of Justice has established strict substantive requirements that must be met to achieve the desired legal and tax effects.
Germany Insolvency
MB
Mayer Brown
Article
FIG Top 5 At 5 – 23/04/2026
The Irish Government has published its Summer 2026 legislative programme, outlining 38 priority bills for financial services regulation including NAMA dissolution, IMF contributions, and anti-money laundering reforms. Meanwhile, European regulators advance critical frameworks through AMLA's business-wide risk assessment guidelines, EIOPA's proportional reinsurance guidance, and the official publication of the EU's crisis management and deposit insurance legislative package.
Ireland Finance
M
Matheson
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