Commentary on the European Insolvency Regulation
Published on 22. September 2016
Book
Hardback
992 pages
978-0-19-872728-6 (ISBN)
Description
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that explains the rationale for the EIR, charts the background to its enactment, and sketches its key features as originally made and as recast.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.
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.
Reviews / Votes
It is clear that this commentary rests on very solid foundations. For that and many other reasons, it should prove an enduring work of reference in the field of international insolvency for scholars, the judiciary, practitioners and policy-makers alike. * Paul J. Omar, International Insolvency Review * Professor Bork and Dr van Zwieten have maintained academic rigour in the contributions from a dozen leading scholars and practitioners, producing an authoritative, useful and readable analysis of the legislation. * Chris Laughton, Eurofenix * This is the leading work in English on the Recast EIR. * Prof. Dr. Peter Mankowski, GPR Law Review * This book is a 'must read' for every insolvency and restructuring professional who wishes to learn about how the new regulation should and will be applied ... a fantastic contribution to the existing library of cross-border insolvency publications, as it is possibly the first work on the EIR that presents a complete pan-European perspective and that expresses insights of experts from multiple European jurisdictions. Furthermore, as this commentary is published priorto the recast EIR coming into force, it will be vital for legal professionals when facing cross-border European cases once the new regulation arrives. * Jose Carles, Global Restructuring Review. *
More details
Persons
Reinhard Bork is Professor at the University of Hamburg, Germany and is a respected scholar in insolvency law in Germany. He has been a judge of the Upper State Court in Hamburg. He has published widely in German and in English and is the author of 'Rescuing Companies in England and Germany' with OUP in 2012.
Kristin van Zwieten is Clifford Chance Associate Professor of Law and Finance at the University of Oxford, and Fellow of Harris Manchester College. She was previously John Collier Fellow in Law at Trinity Hall, Cambridge. Prior to her academic career, she trained as a solicitor in an Australian corporate law firm.
Kristin van Zwieten is Clifford Chance Associate Professor of Law and Finance at the University of Oxford, and Fellow of Harris Manchester College. She was previously John Collier Fellow in Law at Trinity Hall, Cambridge. Prior to her academic career, she trained as a solicitor in an Australian corporate law firm.
Content
1 Kristin van Zwieten, Georg Ringe, Richard Snowden, Francisco Javier Garcimartin, Miguel Virgos: General Provisions (Art. 1-18); 2 Michael Veder, Paul Oberhammer: Recognition of Insolvency Proceedings (Art. 19-33); 3 Renato Mangano, Bob Wessels, Reinhard Dammann: Secondary Insolvency Proceedings (Art 34-52); 4 Katja Lenzig: Provision of Information for Creditors and Lodgement of their Claims; 4a Jessica Schmidt: Groups (Art. 56-77); 4b Tibor Tajti: Data Protection (Art. 78-83); 5 Kristin van Zwieten: Transitional and Final Provisions (Art. 84-91); Appendices