20 Luxembourg

2018 ◽  
Author(s):  
Wagner Henri
Keyword(s):  
Common Features ◽  
Cross Border ◽  
Rome Convention ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
Rome I

This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

scholarly journals Ley aplicable a las acciones concursales de reintegración (comentario a la STJUE de 8 de junio de 2017, Vinlys Italia) = Applicable law to reintegration actionsin insolvency proceedings (commentary to CJUE judgment 8 June 2017 Vinlys Italia)

2019 ◽  
Vol 11 (1) ◽  
pp. 739
Author(s):  
Ángel Espiniella Menéndez
Keyword(s):  
Applicable Law ◽  
European Insolvency Regulation ◽  
Insolvency Regulation ◽  
Final Interpretation ◽  
The Law ◽  
Insolvency Proceedings ◽  
Rome I

Resumen: en el Asunto Vinyls Italia, el TJUE recuerda que la ley rectora del concurso no es base suficiente para revocar un contrato perjudicial para el conjunto de los acreedores, si la contratante prueba que la ley rectora de tal contrato no permite su impugnación. Entre los aciertos de la Sentencia, des­taca que esta excepción no debe amparar prácticas fraudulentas, además de que su tramitación procesal debe hacerse conforme a la lex fori. No obstante, la Sentencia presenta serias dudas al obviar que la de­terminación de la ley rectora del contrato, y su carácter internacional, deben hacerse por el Reglamento Roma I y no por el Reglamento europeo de insolvencia. También es dudosa la remisión a la lex fori para la posible aplicación de oficio de esta excepción; más bien debería jugar a instancia de parte de acuerdo con una interpretación literal y finalista del Reglamento europeo de insolvencia.Palabras clave: acciones concursales de reintegración, ley aplicable, ley rectora del concurso, ley rectora del contrato, tramitación procesalAbstract: in Vinyls Italy Case, the CJEU reminds that the law governing the insolvency proce­eding is not a sufficient basis to revoke a contract detrimental to all creditors, if the contracting party provides proof that the law governing that contract does not allow its revocation. One of the hits of the Judgment is that this defense should not cover fraudulent practices, as well as procedural aspects shall be governed by lex fori. However, the Judgment presents serious doubts when it obviates that the determi­nation of the law governing the contract, and its international consideration, shall be made by the Rome I Regulation and not by the European Insolvency Regulation. The reference to the lex fori is also doubtful in relation with the possible ex officio application of this defense; rather, that defense should play at the request of a party according to a literal and final interpretation of the European Insolvency Regulation.Keywords: reintegration actions, applicable law, law governing insolvency proceedings, law go­verning the contract, procedure

26 Romania

2018 ◽  
Author(s):  
Jardine Bryan W
Keyword(s):  
Civil Code ◽  
Cross Border ◽  
Insolvency Regulation ◽  
The Law ◽  
Insolvency Proceedings

This chapter provides an overview of the law of set-off in Romania, both outside and within the context of insolvency. Under Romanian law, set-off is of two types: legal set-off, which arises by operation of law, and contractual set-off, which arises through a written agreement between parties. The rules for legal set-off are laid down in the Romanian civil code adopted by Law no. 287/2009 (the New Civil Code). The chapter first considers legal and contractual set-off between solvent parties before discussing set-off against insolvent parties. It explains bilateral set-off as well as financial collateral and challenge in insolvency proceedings. It also analyses the provisions of EU Regulations, EU Insolvency Regulation, and the New Civil Code that are relevant to cross-border set-off.

Registrierte Gegenstände im grenzüberschreitenden Insolvenzverfahren nach der EuInsVO

2019 ◽  
Author(s):  
Isabelle Schneider
Keyword(s):  
Member State ◽  
Single Market ◽  
Insolvency Law ◽  
International Integration ◽  
Cross Border ◽  
European Insolvency Regulation ◽  
European Single Market ◽  
Insolvency Regulation ◽  
State Affect ◽  
Insolvency Proceedings

With the growing international integration of corporate activities into the European Single Market, there is also a growing number of insolvencies with cross-border implications. The European Insolvency Regulation (EIR) creates a uniform international insolvency law for this purpose. This work examines how registered assets, i.e. land, ships and aircraft, which belong to a debtor are treated in cross-border insolvency proceedings under the EIR. Essentially, the work answers the question of how insolvency proceedings opened in one EU Member State affect the debtor’s assets that are registered in another Member State and how the insolvency administrator or a secured creditor can realise them. The recent insolvencies of the airlines Air Berlin and Niki in 2017 as well as of numerous shipping funds show the relevance and topicality of this matter.

Commentary on the European Insolvency Regulation

2016 ◽  
Keyword(s):  
New Work ◽  
Insolvency Law ◽  
Cross Border ◽  
European Insolvency Regulation ◽  
Insolvency Regulation ◽  
Article Analysis ◽  
Key Features ◽  
Effectiveness And Efficiency ◽  
Insolvency Proceedings

This book provides a detailed article-by-article commentary on the recast EU Regulation on Insolvency Proceedings (EIR), written by a group of experts drawn from several European jurisdictions. The commentary is prefaced by an introductory chapter that explains the rationale for the EIR, charts the background to its enactment, and sketches its key features as originally made and as recast. The commentary that follows has been published in time to cover the long-awaited and much-debated recast Regulation which was finalised in 2015. The introduction of the recast EIR has given authors and editors the opportunity to analyse a newly drafted and modernised law, containing a highly sophisticated set of rules designed to enhance the effectiveness and efficiency of Member State insolvency laws in cross-border cases. The timing of publication will enable practitioners and scholars to equip themselves with a thorough understanding of the recast EIR ahead of full implementation in 2017. The article-by-article analysis has a multi-jurisdictional focus which reports and evaluates significant developments in the application of the Regulation across Member States. This is a key new work for all those who advise on or research European insolvency law.

Part IV Transnational Insolvency, 17 Harmonization and Co-Operation in Cross-Border Insolvency

2015 ◽  
Keyword(s):  
Conflict Of Laws ◽  
Cross Border ◽  
Insolvency Regulation ◽  
The Status ◽  
The Law ◽  
Model Law ◽  
Insolvency Proceedings ◽  
The Eu

This chapter is devoted to cross-border principles. It begins with an examination of two sets of opposing principles: unity of proceedings versus plurality and universality or territoriality in the administration of the debtor's assets in insolvency. This is followed by an examination of two major instruments: the widely adopted 1997 UNCITRAL Model Law on Cross-Border Insolvency and the EU Insolvency Regulation (recast), approved in 2015 and incorporating numerous significant changes to the former EC Regulation. The Model Law is concerned with recognition of foreign insolvency proceedings, carrying with it an automatic stay of local proceedings, and the status of foreign administrators and duties of co-operation with foreign courts and foreign administrators. The EU Insolvency Regulation (recast) is primarily a conflict of laws regulation governing jurisdiction and the law applicable to insolvency matters.

scholarly journals Cross-Border Insolvency Law in Europe: Present Status and Future Prospects

2017 ◽  
Vol 11 (1) ◽  
pp. 67
Author(s):  
Bob Wessels
Keyword(s):  
National Court ◽  
Private International Law ◽  
Insolvency Law ◽  
Legal Concept ◽  
International Jurisdiction ◽  
Cross Border ◽  
European Court ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
The Eu

In May 2007 the European countries celebrated the first lustrum of the EU Insolvency Regulation (1346/2000). This article describes where Europe stands with its model which is based on well known theories of private international law for dealing with cross-border insolvencies. The EU Insolvency Regulation provides for a national court to exercise international jurisdiction to open insolvency proceedings. The basis for international jurisdiction is the debtor’s “centre of main interests” or COMI. The two most important cases decided by the European Court of Justice (17 January 2006 Staubitz Schreiber and 2 May 2006 Eurofood) are discussed. The article further analyses the regulation’s legal concept and its procedural context and explains that 'financial institutions' are not covered by the Insolvency Regulation, but by separate directives (2001/17; 2001/24). After having taken stock several suggestions are submitted for improvement of the system of cross-border insolvency in Europe.

scholarly journals Human Resources Training Needs in the Small and Medium Enterprises from Cross-Border Area Romania-Ukraine-Republic of Moldova

2021 ◽  
Vol 13 (4) ◽  
pp. 2150
Author(s):  
Carmen Emilia Chașovschi ◽  
Carmen Nastase ◽  
Mihai Popescu ◽  
Adrian-Liviu Scutariu ◽  
Iulian-Alexandru Condratov
Keyword(s):  
Small And Medium Enterprises ◽  
Training Needs ◽  
Comparative Approach ◽  
Development Programs ◽  
Specific Training ◽  
Border Area ◽  
Common Features ◽  
Cross Border ◽  
New Development ◽  
Medium Enterprises

The research aim was to identify the training needs of entrepreneurs and employees within small and medium enterprises (SMEs) from the Suceava, Chernivtsi, and Bălți regions, to analyze the specific training practices in the cross-border area, and to identify the common features or the disparities. The research contains an exploratory survey, based on a semi-structured questionnaire that investigates the training needs in the SMEs and specific training practices with a comparative approach. The results relate to the challenges faced by transformation economies and by the specificities of SMEs from these remote areas. Additionally, the research connects the factors involved in planning and delivering training programs for employees in SMEs in this EU peripheral area with the weaknesses of the companies in facing the market competitive economy. The results of the survey disclosed some common features and specificities related to training needs, training responsibilities, and interests in the SMEs from this cross-border area. The discussions are relevant for different categories of stakeholders, at the micro-level, for the management of the companies, but also on a larger scale, in planning the new development programs for the labor market in the targeted areas.

scholarly journals Особенности рассмотрения заявлений физических лиц – иностранных элементов о несостоятельности (банкротстве) в Российской Федерации

2021 ◽  
Vol 70 (6) ◽  
pp. 93-97
Author(s):  
И.А. Яковец
Keyword(s):  
Russian Federation ◽  
Cross Border ◽  
Insolvency Proceedings

In this article the author analyzes material and procedural features of international individual’s bankruptcy petition in Russian Federation. Actuality of this topic is confirmed by the increasing amount of cross-border insolvency proceedings (bankruptcy)while there are a lot of unsolved collisions in the national law of different countries

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