The European Insolvency Regulation and Implementing Legislations : A Commentary / Gilles Cuniberti and Antonio Leandro, editors.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Cuniberti, Gilles, editor.

Leandro, Antonio, editor.

Series:

Elgar commentaries in private international law.

Elgar Commentaries in Private International Law Series

Language:

English

Subjects (All):

Bankruptcy--European Union countries.

Bankruptcy.

Conflict of laws.

Physical Description:

1 online resource (768 pages)

Edition:

First edition.

Place of Publication:

Cheltenham, England : Edward Elgar Publishing Limited, [2024]

Summary:

"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"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Extended contents

Contributors

Acknowledgments

Table of cases

Table of legislation

INTRODUCTION TO THE EUROPEAN INSOLVENCY REGULATION

CHAPTER I GENERAL PROVISIONS

Chapter 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 deriving directly from insolvency proceedings and 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

CHAPTER II REGOGNITION OF INSOLVENCY PROCEEDINGS

Chapter 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

CHAPTER 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

CHAPTER IV PROVISION OF INFORMATION FOR CREDITORS AND LODGEMENT OF THEIR CLAIM

Article 53 Right to lodge claims

Article 54 Duty to inform creditors

Article 55 Procedure for lodging claims

CHAPTER V INSOLVENCY PROCEEDINGS OF MEMBERS OF A GROUP OF COMPANIES

Chapter V Insolvency proceedings of members of a group of companies

Section 1 Cooperation and communication

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

CHAPTER VI DATA PROTECTION

Articles 78-83 Data protection

CHAPTER 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

Annex: National implementing legislations of the Insolvency Regulation

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

Other Format:

Print version: Cuniberti, Gilles The European Insolvency Regulation and Implementing Legislations

ISBN:

9781802205213