Gli obblighi di cooperazione e comunicazione tra autorità e parti del procedimento fallimentare nel nuovo Regolamento europeo sull’insolvenza transfrontaliera n. 2015/848: Aspettative e possibili realtà applicative

The Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings introduces a number of substantive obligations of conduct for insolvency office holders and domestic courts. Whereas collaboration and communication duties between liquidators under the previous legal framework were already introduced, new rules are added, and new actors are bound by them. The present work wishes to explore some of the main shortcomings in the application of those rules. Additionally, a critical study of the new rules on coordination between actors in case of insolvency proceedings opened against debtors part to a group of companies seeks to highlight problems practitioners might face in such a scenario.