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European Insolvency Regulation: A Commentary de Moritz Brinkmann

European Insolvency Regulation: A Commentary

Editat de Moritz Brinkmann
en Limba Engleză Hardback – 16 oct 2019
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.
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Specificații

ISBN-13: 9781509924110
ISBN-10: 1509924116
Pagini: 608
Dimensiuni: 156 x 234 x 30 mm
Greutate: 1.06 kg
Editura: Bloomsbury Publishing
Colecția Beck/Hart
Locul publicării:London, United Kingdom

Notă biografică

Moritz Brinkmann is Professor for Insolvency Law at the University of Bonn, Germany.

Cuprins

Introduction Regulation (EU) 2015/848 of the European Parliament and of the Council - Recitals Chapter IGeneral ProvisionsArticle 1. Scope Article 2. DefinitionsArticle 3. International jurisdictionArticle 4. Examination as to jurisdiction Article 5. Judicial review of the decision to open main insolvency proceedingsArticle 6. Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them Article 7. Applicable lawArticle 8. Third parties' rights in rem5Article 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 employmentArticle 14. Effects on rights subject to registrationArticle 15. European patents with unitary effect and Community trade marks Article 16. Detrimental actsArticle 17. Protection of third-party purchasers Article 18. Effects of insolvency proceedings on pending lawsuits or arbitral proceedings Chapter IIRecognition of Insolvency ProceedingsArticle 19. PrincipleArticle 20. Effects of recognitionArticle 21. Powers of the insolvency practitioner Article 22. Proof of the insolvency practitioner's appointmentArticle 23. Return and imputation Article 24. Establishment of insolvency registers Article 25. Interconnection of insolvency registersArticle 26. Costs of establishing and interconnecting insolvency registersArticle 27. Conditions of access to information via the system of interconnection Article 28. Publication in another Member StateArticle 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 IIISecondary Insolvency ProceedingsArticle 34. Opening of proceedingsArticle 35. Applicable lawArticle 36. Right to give an undertaking in order to avoid secondary insolvency proceedingsArticle 37. Right to request the opening of secondary insolvency proceedingsArticle 38. Decision to open secondary insolvency proceedings Article 39. Judicial review of the decision to open secondary insolvency proceeding Article 40. Advance payment of costs and expensesArticle 41. Cooperation and communication between insolvency practitioners Article 42. Cooperation and communication between courtsArticle 43. Cooperation and communication between insolvency practitioners and courts Article 44. Costs of cooperation and communication Article 45. Exercise of creditors' rightsArticle 46. Stay of the process of realisation of assetsArticle 47. Power of the insolvency practitioner to propose restructuring plansArticle 48. Impact of closure of insolvency proceedings Article 49. Assets remaining in the secondary insolvency proceedingsArticle 50. Subsequent opening of the main insolvency proceedings Article 51. Conversion of secondary insolvency proceedings Article 52. Preservation measures Chapter IVProvision of Information for Creditors and Lodgement of their Claims Article 53. Right to lodge claimsArticle 54. Duty to inform creditors Article 55. Procedure for lodging claims Chapter VInsolvency Proceedings of Members of a Group of CompaniesSection 1. Cooperation and communicationArticle 56. Cooperation and communication between insolvency practitioners Article 57. Cooperation and communication between courtsArticle 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 companiesSection 2. Coordination Article 61. Request to open group coordination proceedingsArticle 62. Priority ruleArticle 63. Notice by the court seised Article 64. Objections by insolvency practitionersArticle 65. Consequences of objection to the inclusion in group coordinationArticle 66. Choice of court for group coordination proceedings Article 67. Consequences of objections to the proposed coordinatorArticle 68. Decision to open group coordination proceedings Article 69. Subsequent opt-in by insolvency practitionersArticle 70. Recommendations and group coordination plan Article 71. The coordinator Article 73. LanguagesArticle 74. Cooperation between insolvency practitioners and the coordinatorArticle 75. Revocation of the appointment of the coordinatorArticle 76. Debtor in possessionArticle 77. Costs and distribution Chapter VIData ProtectionArticle 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 dataArticle 83. Access to personal data via the European e-Justice Portal Chapter VIITransitional and Final ProvisionsArticle 84. Applicability in timeArticle 85. Relationship to ConventionsArticle 86. Information on national and Union insolvency lawArticle 87. Establishment of the interconnection of registers Article 88. Establishment and subsequent amendment of standard formsArticle 89. Committee procedureArticle 90. Review clauseArticle 91. RepealArticle 92. Entry into force