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Clifford Chance
Briefings

Briefings

EU Directive Harmonising Certain Aspects of Insolvency Law: adopted by the Council

1 April 2026

Harmonising insolvency regimes – reduce divergence, increase certainty, predictability and recoveries

The EU Directive harmonising certain aspects of insolvency law was adopted by the Council on 30 March. The Directive marks a significant milestone in the EU’s long‑running efforts to reduce fragmentation across national insolvency regimes. The Directive, part of the EU's Capital Markets Union agenda, introduces targeted minimum harmonisation in a number of core areas of substantive insolvency law, with the objective of improving legal certainty, predictability and recoveries for creditors and investors operating on a cross‑border basis.

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