Galaxy Bookshop

, ,

Commentary on the European Insolvency Regulation 2nd ed


Edited by: Reinhard Bork, Kristin van Zwieten
ISBN: 9780198852117
Εκδότης / Publisher: Oxford University Press
Ημ. Εκδοσης / Date of Publish: February 2022
Βιβλιοδεσία / Format: Hardback

Κωδικός προϊόντος: 9780198852117 Κατηγορίες: , ,

This second edition of Commentary on the European Insolvency Regulation 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.

As well as retaining the distinctive features of the first edition—the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law —the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.



Article 1: Scope

Aricle 2: Definitions

Article 3: International jurisdiction

Article 4: Examination as to jurisdiction

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

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

Article 7: Law applicable

Article 8: Third parties’ right 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: Community patents and trade marks

Article 16: Detrimental acts

Article 17: Protection of third-party purchasers

Article 18: Effects of insolvency proceedings on lawsuits pending

Article 19: Principle

Article 20: Effects of recognition

Article 21: Powers of the liquidator

Article 22: Proof of the liquidator’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 through the system of interconnection

Article 28: Publication in another member state

Article 29: Registration in public register of another member state

Article 30: Costs

Article 31: Honouring of an obligation to a debtor

Article 32: Recognition and enforceability of other judgements

Article 33: Public policy

Article 34: Opening of proceeding

Article 35: Applicable law

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

Article 37: Right to request the opening of proceedings

Article 38: Decision to open secondary proceedings

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

Article 50: Subsequent opening of the main proceedings

Article 51: Conversion of secondary proceedings

Article 52: Preservation measures

Article 53: Right to lodge claims

Article 54: Duty for inform creditors

Article 55: Procedure for lodging claims

Article 56-77: Insolvency proceedings of members of a group of companies

Article 78: Data protection

Article 79: Responsibilities of member states

Article 80: Responsibilities of the commission

Article 81: Information obligations

Article 82: Storage of personal data

Article 83: Access to personal data via the European e-justice portal

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