Defining groups of companies under the European Insolvency Regulation (recast): On the scope of EU group insolvency law.

This article examines the general scope of application of the provisions on insolvency regarding members of a "group of companies", as included in Chapter V of the European Insolvency Regulation (recast) ("Recast EIR"), in order to review whether that scope is appropriate to deal with the different group structures in which business may be conducted. With the definition for a "group of companies" playing a paramount role in determining the scope of these provisions, the article includes a thorough analysis of the current definition for a "group of companies" as included in the Recast EIR. Based upon a teleological approach, the article argues in favour of an independent, broad and flexible interpretation of "group of companies", in order to include a large number of groups within the scope of the Recast EIR's provisions regarding group insolvencies. [ABSTRACT FROM AUTHOR]