No. 828 - Judicial liquidation proceedings across the main economies of the European Union

by Federico Fornasari and Giacomo Roma
February 2024
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The paper compares judicial liquidation procedures in Italy, France, Germany and Spain, focusing on the liquidation of assets. After a brief survey of the theories and empirical evidence on the functioning of judicial liquidations, the roles and powers of the different parties involved in the liquidation, the way assets are managed and disposed of, and the rules on the remuneration of the appointed professionals are analysed.

Judicial liquidation procedures have common features in different countries. Although there are some procedural elements in Italy that can contribute to slowing down the proceedings, such as the need to draw up a liquidation plan and to obtain judicial authorization for individual sales, differences in recovery times and rates depend largely on other factors, however, such as the timing of the opening of the procedure, the specialization of judges and professionals, and the macroeconomic environment.

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