This chapter analyses the situations in which the European Insolvency Regulation will be applied, as defined in its first article and in other provisions. The scope of the EIR is marked by a notable deference to the characterizations of particular insolvency situations used by individual Member States, and this is reflected in the chapter. The chapter looks first at the personal scope of the EIR. Member States categorize debtors in a range of ways: natural and legal persons, traders and consumers, bodies governed by private or public law. All of these perspectives will be taken into account, as well as the scope of the exemptions noted within the EIR and the position of groups of companies. The chapter scrutinizes the proceedings covered by the EIR, including pre-insolvency and hybrid proceedings brought into the system via reform and looks at the issues raised regarding territorial scope of the regulation.
Set‐off under the European insolvency regulation (and English law)
