Suchergebnisse

This second edition expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation's enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive.

This paper - written for a conference held in Leuven (KUL) in 2001- offers a global analysis of the European Insolvency Regulation. At the time the paper was written, the Regulation was a very recent instrument. The paper reviews the Regulation based on previous experiences at harmonising the law of cross-border insolvencies (such as the European Insolvency Convention and the Istanbul Convention). Particular attention is paid to the issues of jurisdiction (which court has jurisdiction to open insolvency proceedings), jurisdiction conflicts (what happens if two courts decide to exercise jurisdiction simultaneously) and recognition and enforcement of foreign insolvency judgments.

On 28 April 2011, the future of the European Insolvency Regulation was discussed during a one-day international conference in Amsterdam. Since its entry into force in 2002, the European Insolvency Regulation has proven to be a successful piece of European legislation. At the current time, the review and possible reform of the Regulation is on the agenda of the European Commission. This should lead to a legislative proposal in 2013. The conference provided for a gathering of ideas on the functioning of the EIR, on possible amendments to it, and on the issues encountered in practice. It was strongly supported that the COMI of the debtor should be maintained as the factor determining jurisdiction to open main insolvency proceedings. It was regarded desirable to introduce different COMI definitions for natural persons and legal persons respectively. Secondary proceedings should be possible next to main proceedings, but they should no longer be limited to liquidation proceedings. With regard to dealing with insolvencies of corporate groups, it was acknowledged that coordination of the insolvency proceedings of group companies is desirable. On the topic of applicable law and security rights, the discussion showed that Article 5 EIR required clarification on certain issues. Opinions differed on the question whether the protection currently offered to secured creditors is excessive or whether it should be maintained. Furthermore, it was widely supported that the Regulation should provide for explicit obligations for both courts and liquidators in main and secondary proceedings to cooperate in cross-border insolvency cases. Finally, suggestions were made to either widen the scope of the EIR or draft separate regulations for pre-insolvency proceedings. The discussions showed that a reform of the EIR is indeed deemed necessary in order for the Regulation to continue to be a successful instrument in the international insolvency practice.

Security rights under Article 5 of the insolvency regulation and Article 8 of the 'Recast' -- Transactional avoidance and the insolvency regulation -- Security rights, national laws and possible reforms -- Transactional avoidance, national laws and possible reforms -- Germanic legal system - Germany and Austria -- Common law system - England and the Republic of Ireland -- Roman legal system - Spain, Italy and France -- Central and Eastern european systems - Hungary, Poland and Lithuania

"This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State's judgements along with a regime of coordination between proceedings opened in different Member States. Key Features: Expansive reference to case-law and legal writings. Specific attention to private international law issues. Comprehensive article-by-article analysis of the EIR. Meticulous explanation by leading scholars in the field to aid understanding of each provision. Up-to-date breakdown of the main national implementation legislations of the regulation. Exploration of the interplay between the EIR and the Brussels Ibis Regulation, as well as the relationships with third countries. This Commentary will be a crucial reference tool for practitioners active in cross-border insolvency and restructuring in Europe. It will also prove a key resource for students and scholars of commercial law, company and insolvency law, and European private international law"--

Insolvency mechanisms and the operation of shipping companies : financial aspects -- Legal interaction between insolvency and maritime law -- Opening of cross-border insolvency proceedings -- The treatment of maritime securities -- Insolvency and limitation of liability for maritime claims