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European Company and Bankruptcy Law
Visiting Professor Horst Eidenmueller
2 classroom credits LAW-35445A Winter

The global financial and economic crisis has demonstrated the importance of European Company and Bankruptcy Law, especially for multinational enterprises. This two-unit course covers the fundamentals of European Company and Bankruptcy Law in an international and comparative perspective. It will start out with an introduction to the law-making process in the EU. With respect to European Company Law, the following topics will be covered: the proper scope of European Company Law -- harmonization versus regulatory competition; mobility and restructuring of companies in Europe; harmonization of company law rules; European corporate entities (Societas Europaea, European Private Company); special issues relevant to listed companies (e.g. free movement of capital, International and European Capital Markets Law). Topics covered with respect to European Bankruptcy Law will include: the theoretical debate on transnational insolvencies (universalism versus multiplicity of proceedings); transnational insolvencies under the European Insolvency Regulation; regulatory competition in bankruptcy; issues of group insolvencies; out-of-court restructurings (workouts) in Europe.

The primary focus of the course will be on the existing legal framework. However, policy issues will also figure prominently (proportion of law to policy approximately two to one). The European legal framework will be compared frequently to other jurisdictions. Within Europe, the focus will be on the UK, France, and Germany. Comparisons will be drawn also to the legal position and the policy debates in the US and, from time to time, to certain Asian jurisdictions (Japan and China).

Students should have some prior knowledge of Company Law and Bankruptcy.

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