DiscoverInternational Legal EnglishCross-Border Collapse: Navigating Global Insolvencies
Cross-Border Collapse: Navigating Global Insolvencies

Cross-Border Collapse: Navigating Global Insolvencies

Update: 2025-04-18
Share

Description

In this episode, we explore four landmark European corporate insolvency cases—Air Berlin, Cimolai S.p.A., Collins & Aikman, and Thomas Cook Group—highlighting key legal strategies, coordination challenges, and stakeholder impacts.

  • Air Berlin (2017): Germany-based airline collapsed after Etihad withdrew financial support. Main insolvency proceedings were opened in Germany under the EU Insolvency Regulation, with COMI disputes arising over Austrian subsidiary NIKI. The case involved liquidation and asset sales, with no recovery for unsecured creditors.

  • Cimolai S.p.A. (2023): Italian construction firm faced insolvency due to risky derivatives. Combined Italian and UK restructuring processes overcame the post-Brexit Gibbs rule to bind English-law creditors. The dual-track plan preserved jobs and avoided liquidation.

  • Collins & Aikman (2005): A US-linked insolvency led to the UK administering 24 EU subsidiaries across 10 countries. This pioneering centralized approach used “synthetic secondary proceedings,” influencing later EU law and preserving 5,000 jobs through a going-concern sale.

  • Thomas Cook Group (2019): The travel giant’s collapse led to fragmented national insolvency proceedings. While the UK entity was liquidated, subsidiaries like Condor were saved. The case sparked calls for EU-level reforms in travel sector insolvencies.

Each case illustrates evolving strategies in cross-border insolvency, the role of COMI, the impact on creditors and employees, and the growing need for international cooperation.

Comments 
loading
00:00
00:00
1.0x

0.5x

0.8x

1.0x

1.25x

1.5x

2.0x

3.0x

Sleep Timer

Off

End of Episode

5 Minutes

10 Minutes

15 Minutes

30 Minutes

45 Minutes

60 Minutes

120 Minutes

Cross-Border Collapse: Navigating Global Insolvencies

Cross-Border Collapse: Navigating Global Insolvencies

Benjamin Koper