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| Author | : Reinhard Bork |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 9780198727286 |
This book provides the most detailed article-by-article commentary on the EC Regulation on Insolvency Proceedings, written by a group of experts drawn from several jurisdictions.
| Author | : Alexander Bornemann |
| Publisher | : |
| Total Pages | : 600 |
| Release | : 2017-08 |
| Genre | : |
| ISBN | : 9783406698583 |
| Author | : Alexander Bornemann |
| Publisher | : |
| Total Pages | : 608 |
| Release | : 2020 |
| Genre | : Bankruptcy |
| ISBN | : 9781509924103 |
"The new European Insolvency Regulation (Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings) has come into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation reforms the EC Regulation (1346/2000) on insolvency proceedings. The main changes of the Regulation are: The extension of its application to preventive insolvency proceedings; The creation of publicly accessible online insolvency registers; The possibility of avoiding the opening of multiple proceedings and preventing 'forum shopping'; The introduction of new procedures with the aim of facilitating cross-border coordination and cooperation between multiple insolvency proceedings in different Member States relating to members of the same group of companies. In this book a team of experienced insolvency law experts, among them judges, insolvency practitioners and academics, analyse the European Insolvency Regulation article by article. The authors focus on the new provisions and mechanisms as well as on the existing, and to a great extent still relevant, case law by the European Court of Justice and courts of the Member States."--Bloomsbury Publishing.
| Author | : Patryk Filipiak |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 632 |
| Release | : 2021-10-13 |
| Genre | : Law |
| ISBN | : 9403534117 |
In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848 provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law, recognition and enforceability of judgments and coordination of group of companies’ insolvencies. For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following: identifying the appropriate internationally competent court for filing; terms pursuant to which a judgment can be recognised; duties of an insolvency practitioner (IP); IP’s authority in the territory of another state; IP’s obligations towards creditors in another state; rights of foreign creditors; admissibility of conducting secondary insolvency proceedings; conducting simultaneous insolvency proceedings against the same debtor; permissible forms of contact and cooperation between judges and parties to the proceedings; and conducting proceedings involving a group of companies. An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice. With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.
| Author | : Klaus Pannen |
| Publisher | : Walter de Gruyter |
| Total Pages | : 961 |
| Release | : 2011-12-22 |
| Genre | : Law |
| ISBN | : 3110901331 |
This book is a comprehensive commentary on the EIR in light of recent decisions of the ECJ and decisions of the judicatures of the various Member States of the EU. It contains a commentary on Article 102, Sections 1 to 11 of the German EGInsO (The Act Introducing the Insolvency Act), as well as country reports on the international insolvency laws of France, Great Britain, and Hungary. This book also deals with the UNCITRAL Model Law on Cross-Border Insolvency together with detailed references to the international insolvency laws of the U.S.A., and it also includes a discussion of protocols. The appendix to the commentary on Article 3 of the EIR contains an extensive Table of Cases, which sets out over 100 cases from the various Member States, including decisions and literature references. While thus being tailored to the needs of the European insolvency practitioner, this commentary also serves as a knowledge-base from which further exploration of the material can begin. The contributing authors are all well-respected academics and practitioners in Germany, England, France, Hungary, and the U.S.A.
| Author | : Gilles Cuniberti |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 0 |
| Release | : 2024-05-28 |
| Genre | : Law |
| ISBN | : 9781802205206 |
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.
| Author | : Miguel Virgos |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 274 |
| Release | : 2004-01-01 |
| Genre | : Law |
| ISBN | : 9041120890 |
After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.
| Author | : |
| Publisher | : |
| Total Pages | : 500 |
| Release | : 2009 |
| Genre | : |
| ISBN | : |
| Author | : Ian F. Fletcher |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 464 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9780199215089 |
In addition all changes to the text of the Regulation have been included. Readership: Legal practitioners and accountants specialising in insolvency law as well as courts and judges; legal departments in major public companies; academics and university libraries.
| Author | : Kristin van Zwieten |
| Publisher | : |
| Total Pages | : 60 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States could operate effectively and efficiently in cross-border cases. To achieve this, the Regulation limits the circumstances in which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the interrelationship between, those proceedings that are validly opened under it. The overall idea is to enable the resolution of insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least -- in cases where the Regulation permits proceedings to be opened in more than one Member State in relation to the same debtor -- through the coordination of such proceedings. The Regulation was recast in 2015, resulting in some significant changes to its scope and content. The provisions of the recast Regulation will generally be applicable in Member States from 26 June 2017. This book provides a detailed, article-by-article, commentary on the provisions of the recast Regulation, written by a team of authors with expertise in the law of multiple Member States. The purpose of this introductory chapter is to offer some context for this analysis and to anticipate some of the major themes that recur throughout. The chapter explains the rationale for the existence of the Regulation (Part I), charts the background to its enactment (Part II), sketches its most significant features -- both as originally enacted and as it has been recast (Part III), and makes some suggestions regarding the future development of this important instrument of European law (Part IV).
