What does this research mean for the field?

The CJEU's decision in the Air Berlin case, which grants secondary insolvency practitioners locus standi to bring actions against main practitioners, fundamentally shapes the legal remedies and cooperation required to maximize insolvency estates in EU cross-border proceedings. Novelty: ClaimNovelty.INCREMENTAL. Consensus alignment: ConsensusAlignment.NEUTRAL.

What question did this study set out to answer?

To assess whether cross-border insolvency estate values should be maximized through practitioner cooperation and evaluate available legal remedies when jurisdictional disputes arise over estate assets.

August 28, 2026International Insolvency ReviewOpen Access

Maximising the value of the insolvency estate in EU cross‐border cases: The interplay of insolvency practitioners in main and secondary insolvency proceedings

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Authors

RJRemigijus JokubauskasMykolas Romeris University JBJ. M. G. J. (Gert‐Jan) BoonLeiden University

Discussion

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Implication

Legal analysis examines practitioner cooperation and disputes in cross-border bankruptcies, highlighting how secondary practitioners challenge main proceedings to protect estate value.

Key Points

To assess whether cross-border insolvency estate values should be maximized through practitioner cooperation and evaluate available legal remedies when jurisdictional disputes arise over estate assets.
Evaluated the modified universalism framework within the European Insolvency Regulation governing concurrent main and secondary proceedings.
Analyzed the 2024 Court of Justice of the European Union (CJEU) ruling in the Air Berlin case concerning practitioner legal standing.
Identified structural tensions in parallel proceedings where separate estate mandates create competing incentives between main and secondary insolvency practitioners.
Highlighted the CJEU's recognition of locus standi for secondary insolvency practitioners, granting them legal standing to initiate avoidance actions directly against main insolvency practitioners.

Cite This Study

Jokubauskas et al. (2026) studied this question.

synapsesocial.com/papers/6a916ea0d15324a1df3aa6eb https://doi.org/10.1002/iir.70058

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Implication

Legal analysis examines practitioner cooperation and disputes in cross-border bankruptcies, highlighting how secondary practitioners challenge main proceedings to protect estate value.

Maximising the value of the insolvency estate in EU cross‐border cases: The interplay of insolvency practitioners in main and secondary insolvency proceedings

Discussion

Member takes

Implication

Key Points

Cite This Study

Maximising the value of the insolvency estate in EU cross‐border cases: The interplay of insolvency practitioners in main and secondary insolvency proceedings

Discussion

Member takes

Implication

Key Points

Cite This Study

Also Consider

Also Consider