News overview

JudgeCo update 4: project enters next phase for promoting and harmonizing cross-border judicial cooperation

Since early 2013 we are developing the ‘EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines’, which are part of a larger EU initiative called ‘European Cross-border Insolvency: Promoting Judicial Cooperation’. The non-binding principles and guidelines are being developed for application in cross-border communication and cooperation in insolvency cases between courts within the European Union. The project is sponsored by the European Commission and the International Insolvency Institute (III).

The stage of drafting and internally discussing the principles and guidelines is in its final days. The Review & Advisory Group, consisting of some forty experts (including some twenty judges) has reviewed draft texts twice. Mid March the First Public Draft is to be sent to other project-partners, such as the III Members’ Advisory Group. It is envisaged that in the last week in May 2014 the Final Public Draft of the JudgeCo Principles and Guidelines will be published.

Prof. Bob Wessels and Dr. Bernard Santen have been invited to speak during the 20th Annual Global Insolvency and Restructuring Conference, Monday 19 May, Barcelona, Spain, organised by the International Bar Association (IBA), Insolvency Section. Leading experts and judges from several jurisdictions will interact with conference participants in a forum-style discussion of best practices encouraging cross-border judicial and administrative communication and cooperation and in multi-national insolvency cases. Speakers (invited) are Judge Ignacio Gargallo (Supreme Court of Spain), Judge Eberhard Nietzer (Chief civil and insolvency judge of the local court of Heilbronn, Germany), Judge David Richards (High Court London) and Judge James M. Peck (Court United States Bankruptcy Judge, Southern District of New York).

The last stage in the JudgeCo project, that runs till the end of 2014, is a one and a half day training for judges, organised by professor Paul Omar (Nottingham Law School), with the assistance of two Leiden lecturers. Judges, working in all member states in Europe, will be invited to express their interest for following these trainings (three training sessions at three different locations in Europe, as of September to December 2014), the costs of which are for a large part covered by the available budget.

If you are a judge dealing with insolvency matters, or know a judge who does, please contact Dr. Bernard Santen (


Co-funded by the
Civil Justice Programme
of the European Union

Co-funded by the
International Insolvency Institute