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European Insolvency Regulation: Article-by-Article Commentary

European Insolvency Regulation: Article-by-Article Commentary

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509924110
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥2,350.00
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  • 描述 
  • 大纲 
  • 详细

    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.

  • Introduction. Regulation (EU) 2015/848 of the European Parliament and of the Council - Recitals
    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 rem5
    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. 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 proceeding
    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 Claims 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
    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
    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
    Article 71. 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
    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
    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

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