Commentary on the European insolvency regulation / edited by Reinhard Bork, Kristin van Zwieten.

Format:

Book

Contributor:

Bork, Reinhard, editor.

Zwieten, Kristin van, 1981- editor.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Bankruptcy--European Union countries.

Bankruptcy.

Debt relief--European Union countries.

Debt relief.

Council of the European Union. Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings.

Council of the European Union.

Physical Description:

1 online resource (lxxxiv, 1052 pages)

Edition:

Second edition.

Place of Publication:

Oxford : Oxford University Press, 2022.

Summary:

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.

Contents:

Copyright Page

Dedication

Foreword

Preface

List of Contributors

Table of EU Regulations

Table of Cases

List of Abbreviations

An introduction to the European Insolvency Regulation, as made and as recast

I General Provisions

Article 1 - Scope

Article 2 Definitions

Article 3 International jurisdiction

Article 4 Examination as to jurisdiction

Article 5 Judicial review of the decision to open main insolvency proceedings

Article 6 Jurisdiction for actions which derive directly from the insolvency proceedings and are closely linked with them

Article 7 - Applicable law

Article 8 Third parties' rights in rem

Article 9 Set-off

Article 10 Reservation of title

Article 11 Contracts relating to immoveable property

Article 12 Payment systems and financial markets

Article 13 Contracts of employment

Article 14 Effects on rights subject to registration

Article 15 European patents with unitary effect and Community trade marks

Article 16 - Detrimental acts

Article 17 Protection of third-party purchasers

Article 18 Effects of insolvency proceedings on pending lawsuits or arbitral proceedings

II Recognition of Insolvency Proceedings

Article 19 - Principle

Article 20 Effects of recognition

Article 21 Powers of the insolvency practitioner

Article 22 Proof of the insolvency practitioner's appointment

Article 23 Return and imputation

Article 24 Establishment of insolvency registers

Article 25 Interconnection of insolvency registers

Article 26 Costs of establishing and interconnecting insolvency registers

Article 27 Conditions of access to information via the system of interconnection

Article 28 Publication in another Member State

Article 29 -Registration in public registers of another Member State

Article 30 Costs

Article 31 Honouring of an obligation to a debtor

Article 32 Recognition and enforceability of other judgments

Article 33 Public policy

III Secondary Insolvency Proceedings

Article 34 Opening of proceedings

Article 35 Applicable law

Article 36 Right to give an undertaking in order to avoid secondary insolvency proceedings

Article 37 Right to request the opening of secondary insolvency proceedings

Article 38 Decision to open secondary insolvency proceedings

Article 39 Judicial review of the decision to open secondary insolvency proceedings

Article 40 Advance payment of costs and expenses

Article 41 Cooperation and communication between insolvency practitioners

Article 42 Cooperation and communication between courts

Article 43 -Cooperation and communication between insolvency practitioners and courts

Article 44 Costs of cooperation and communication

Article 45 Exercise of creditors' rights

Article 46 Stay of the process of realisation of assets

Article 47 Power of the insolvency practitioner to propose restructuring plans

Article 48 Impact of closure of insolvency proceedings

Article 49 Assets remaining in the secondary insolvency proceedings

Article 50 Subsequent opening of the main insolvency proceedings

Article 51 Conversion of secondary insolvency proceedings

Article 52 Preservation measures

IV Provision of Information for Creditors and Lodgement of their Claims

Article 53 Right to lodge claims

Article 54 Duty to inform creditors

Article 55 Procedure for lodging claims

V Insolvency Proceedings of Members of a Group of Companies

Section 1: Cooperation and communication

Article 56 Cooperation and communication between insolvency practitioners

Article 57 Cooperation and communication between courts

Article 58 Cooperation and communication between insolvency practitioners and courts

Article 59 Costs of cooperation and communication in proceedings concerning members of a group of companies

Article 60 Powers of the insolvency practitioner in proceedings concerning members of a group of companies

Section 2: Coordination

Subsection 1: Procedure

Article 61 Request to open group coordination proceedings

Article 62 Priority rule

Article 63 -Notice by the court seised

Article 64 Objections by insolvency practitioners

Article 65 Consequences of objection to the inclusion in group coordination

Article 66 Choice of court for group coordination proceedings

Article 67 Consequences of objections to the proposed coordinator

Article 68 Decision to open group coordination proceedings

Article 69 Subsequent opt-in by insolvency practitioners

Article 70 Recommendations and group coordination plan

Subsection 2: General provisions

Article 71 The coordinator

Article 72 Tasks and rights of the coordinator

Article 73 Languages

Article 74 Cooperation between insolvency practitioners and the coordinator

Article 75 Revocation of the appointment of the coordinator

Article 76 Debtor in possession

Article 77 Costs and distribution

VI Data Protection

Article 78 Data protection

Article 79 Responsibilities of Member States regarding the processing of personal data in national insolvency registers

Article 80 Responsibilities of the Commission in connection with the processing of personal data

Article 81 Information obligations

Article 82 Storage of personal data

Article 83 Access to personal data via the European e-Justice Portal

VII Transitional and Final Provisions

Article 84 Applicability in time

Article 85 Relationship to conventions

Article 86 Information on national and Union insolvency law

Article 87 Establishment of the interconnection of registers

Article 88 Establishment and subsequent amendment of standard forms

Article 89 Committee procedure

Article 90 Review clause

Article 91 Repeal

Article 92 Entry into force

End Matter

Appendix 1 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)

Appendix 2 European Commission, Proposal for a Regulation of the European Parliament and of the Council Replacing Annexes A and B to Regulation (Eu) 2015/848 on Insolvency Proceedings

Appendix 3 Council Regulation (EC) No. 1346/2000 of 29 May 2000 on Insolvency Proceedings

Appendix 4 Virgós-Schmit Report on the Convention on Insolvency Proceedings

Appendix 5 European Communication and Cooperation Guidelines for Cross-border Insolvency (2007)

Appendix 6 EU Cross-Border Insolvency Court-to-Court Cooperation Principles (2015)

Appendix 7 EU Cross-Border Insolvency Court-to-Court Communications Guidelines (2015)

General Bibliography

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (viewed on April 11, 2022).

This edition also issued in print: 2022.

Previous edition: 2016.

ISBN:

0-19-259302-1

0-19-259303-X

0-19-191506-8