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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 Scope of the EIR
- 3 International Jurisdiction
- A Introduction
- B Decisiveness of the COMI (Centre of Main Interests)
- C Determining the COMI Entity by Entity
- D Avoidance of Forum Shopping
- E Related Actions
- I General
- II Rationale
- III The definition of ‘related actions’
- 1 The EIR formula: Definition or description?
- 2 A non-exhaustive list of ‘related actions’
- 3.97
- (a) Avoidance actions, provided that these are brought by the IP
- (b) Actions concerning the organisation and costs of insolvency proceedings
- (c) Actions concerning lodging, verification, and admission of claims
- (d) Liability actions against the bodies of insolvency proceedings, including the IP and the creditors’ committee
- (e) Liability or repayment actions against the company’s directors, provided that these actions are not based on general civil or commercial law
- 3 A non-exhaustive list of interpretative aids
- 4 A tentative rule of thumb to solve controversial cases: the ‘condicio sine qua non’ test
- IV The nature of the forum and scope of the vis attractiva
- Literature
- 4 Law Applicable
- A Introduction
- B The General Principle: Lex Fori Concursus
- C Exceptions
- 4.31
- 4.32
- I The need for exceptions
- II Details
- 4.38
- 4.39
- 4.40
- 4.41
- 4.42
- 4.43
- 4.44
- 4.45
- 4.46
- 4.47
- 1 Third parties’ rights in rem, Art. 8
- 2 Set-off, Art. 9
- 3 Reservation of title, Art. 10
- 4 Contracts relating to immoveable property, Art. 11
- 5 Payment systems and financial markets, Art. 12
- 6 Contracts of employment, Art. 13
- 7 Effects on rights subject to registration, Art. 14
- 8 European patents with unitary effect and Community trade marks, Art. 15
- 9 Detrimental acts, Art. 16
- 10 Protection of third-party purchasers, Art. 17
- 11 Effects on pending lawsuits or arbitral proceedings, Art. 18
- Literature
- 5 Recognition and Enforcement
- A Introduction
- B Prerequisites for (Automatic) Recognition
- 5.14
- I Judgment opening insolvency proceedings
- 5.15
- 5.16
- 5.17
- 1 Appointment of an Insolvency Practitioner
- 2 The decision opening insolvency proceedings
- 3 Confirmation of the opening of insolvency proceedings
- 4 The relationship between the alternatives in Art. 2(7)
- 5 Judgment handed down by a court of a Member State
- 6 Period of effectiveness
- 7 Jurisdiction of the court opening insolvency proceedings
- II Recognition of other insolvency-related decisions, Art. 32
- C The Effects of Recognition
- D The Public Policy Exception, Art. 33
- 5.43
- I Guidelines for interpretation
- 5.44
- 1 Interpretation requires a restrictive approach
- 2 Application of the principles supporting Art. 45 of the Brussels Ia Regulation
- 3 (National) Public policy includes Community policy
- 4 Restrictions inherent to the EIR
- 5 Effects must originate in foreign national law
- 6 Public policy encompasses both subjective and objective principles
- 7 Public policy includes procedural aspects
- 8 Public policy includes substantive law
- II Connection to the recognising state
- III Infringement must be ‘manifest’
- IV Consequences of violating public policy
- E Enforcement of Judgments
- Literature
- 6 Legal Status, Information, and Cooperation between Participants
- A Introduction
- B The Debtor
- C The Debtor in Possession (DIP)
- D The Court
- E The Insolvency Practitioner (IP)
- F The Creditors
- G The Public (Insolvency Registers)
- Literature
- 7 Secondary Insolvency Proceedings
- A Introduction
- B The Opening of Secondary Proceedings
- 7.12
- I Requirements to open secondary proceedings
- 7.13
- 1 Reliance on main proceedings
- 2 International jurisdiction requires an establishment
- 3 Right to request the opening of secondary proceedings
- 4 Insolvency capacity of the debtor
- 5 Insolvency of the debtor, Art. 34(2)
- 6 Notifying and hearing the main IP
- 7 Cost of proceedings, Art. 40
- 8 No undertaking pursuant to Art. 36
- 9 Time limit
- II Court decision and means of appeal
- C The Effect of the Opening of Secondary Proceedings
- D The Relationship between Main and Secondary Proceedings
- E Independent Territorial Proceedings
- Literature
- 8 Group Insolvencies
- A Introduction
- B Groups of Companies
- C International Jurisdiction
- D Cooperation
- E Coordination
- Literature
- Further Material
