Chaired by ELI Second Vice-President Pietro Sirena, the session formed part of ELI’s work examining the Draft European Business Code developed by the Association Henri Capitant. ELI is reviewing the Code progressively and the Conference discussion concentrated in particular on Book 7 on Insolvency Law and Book 8 on Banking Law, while also connecting the initiative with ELI’s work on a possible 28th regime.

Philippe Dupichot, President of the Association Henri Capitant and initiator of the European Business Code project, introduced the genesis and structure of the initiative. ELI Co-Reporter Aldo Laudonio then presented reflections from ELI’s perspective, including ELI’s developing feedback on the insolvency and banking law books.

Michael Strauss, General Counsel of the European Bank for Reconstruction and Development, brought the perspective of an international financial institution, focusing on why legal coherence in insolvency and banking matters is important in practice and the obstacles encountered in cross-border finance.

The panel examined the wider question of whether a more coherent European framework could enhance legal certainty, facilitate cross-border business and support economic integration while remaining responsive to different national legal systems.