The duties and liabilities of company directors in insolvency proceedings: a comparative analysis. ; Įmonių direktorių pareigos ir įsipareigojimai bankroto bylose: lyginamoji analizė

Abstract

The Master's Thesis is devoted to the analysis of the problematic issue regarding the legal uncertainty within the EU in respect of the applicable national substantive law on the duties and liabilities of companies' directors in insolvency proceedings that involve a cross-border element. The comparative analysis of the national company and insolvency legislation of various EU Member-states is given. The main focus of the Thesis is on the existing case law on the issue at hand of the Court of Justice of the European Union, mainly the Kornhaas v Dithmar case and the Recast of the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings and the effectiveness of the mentioned case law and the normative act in solving the problem of the legal uncertainty at hand.