9 The Recognition of Decisions on Insolvency Proceedings under the European Insolvency Regulation

2014 ◽  
pp. 264-272
Keyword(s):  
European Insolvency Regulation ◽  
Insolvency Regulation ◽  
Insolvency Proceedings

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

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.

Secondary Insolvency Proceedings

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
Member State ◽  
European Insolvency Regulation ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
The Relationship

The European Insolvency Regulation permits the opening of territorial proceedings conducted parallel to main proceedings, thereby modifying the concept of universality through the existence of so-called secondary proceedings. Secondary proceedings serve different purposes and are characterized by the fact that they are limited in their scope, as they only affect assets within the Member State in which the secondary proceedings have been opened. While the requirements for the opening of secondary proceedings as well as their effects are largely governed by the lex fori concursus secundarii, the EIR not only modifies some of these requirements but also contains an entire set of rules concerning the coordination of secondary and main proceedings to ensure efficient administration of the debtor’s assets. This chapter will therefore examine the principles of secondary proceedings, the requirements for and the effects of the opening of such proceedings, and the relationship between main and secondary proceedings.

Corporations

2019 ◽  
pp. 334-352
Author(s):  
Adrian Briggs
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
The United Kingdom ◽  
Insolvency Regulation ◽  
Principal Effect ◽  
European Regulations ◽  
English Law ◽  
Insolvency Proceedings

This chapter discusses the private international law of insolvency and bankruptcy. Prior to Exit Day, the private international law of insolvency and bankruptcy was covered in part by two European Regulations: the Insolvency Regulation 1346/2000, and the recast Insolvency Regulation 2015/848. According to the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019 No 146, a fragment of Regulation 2015/848 is retained as English law, but otherwise it is not retained as English law. The principal effect of this is that the court will continue to have jurisdiction to open insolvency proceedings when the debtor’s centre of main interests is in the United Kingdom. Otherwise Part 1 of the Schedule to SI 2019 No 146 provides that the recast Insolvency Regulation shall not have effect in the United Kingdom. Consequential amendment is made to secondary legislation. Transitional provisions are made to provide for the continued application of the Regulations after Exit Day in the case of insolvency proceedings opened before Exit Day.

Scope of The EIR

2016 ◽  
Author(s):  
Reinhard Bork ◽  
Renato Mangano
Keyword(s):  
Public Law ◽  
Individual Member ◽  
Member States ◽  
European Insolvency Regulation ◽  
Insolvency Regulation

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.

Sign in / Sign up

Export Citation Format

Share Document