Commentary on the European Insolvency Regulation (Second Edition)

Index

• Preliminary Sections
• Foreword
• Preface
• List of Contributors
• Table of EU Regulations
• Table of Cases
• List of Abbreviations
• An introduction to the European Insolvency Regulation, as made and as recast
• Article 1. Scope
• Article 2. Definitions
• Article 3. International jurisdiction
• Article 4. Examination as to jurisdiction
• Article 5. Judicial review of the decision to open main insolvency proceedings
• Article 6. Jurisdiction for actions which derive directly from the insolvency proceedings and are closely linked with them
• Article 7. Applicable law
• Article 8. Third parties' rights in rem
• Article 9. Set-off
• Article 10. Reservation of title
• Article 11. Contracts relating to immoveable property
• Article 12. Payment systems and financial markets
• Article 13. Contracts of employment
• Article 14. Effects on rights subject to registration
• Article 15. European patents with unitary effect and Community trade marks
• Article 16. Detrimental acts
• Article 17. Protection of third-party purchasers
• Article 18. Effects of insolvency proceedings on pending lawsuits or arbitral proceedings
• Article 19. Principle
• Article 20. Effects of recognition
• Article 21. Powers of the insolvency practitioner
• Article 22. Proof of the insolvency practitioner's appointment
• Article 23. Return and imputation
• Article 24. Establishment of insolvency registers
• Article 25. Interconnection of insolvency registers
• Article 26. Costs of establishing and interconnecting insolvency registers
• Article 27. Conditions of access to information via the system of interconnection
• Article 28. Publication in another Member State
• Article 29. Registration in public registers of another Member State
• Article 30. Costs
• Article 31. Honouring of an obligation to a debtor
• Article 32. Recognition and enforceability of other judgments
• Article 33. Public policy
• Article 34. Opening of proceedings
• Article 35. Applicable law
• Article 36. Right to give an undertaking in order to avoid secondary insolvency proceedings
• Article 37. Right to request the opening of secondary insolvency proceedings
• Article 38. Decision to open secondary insolvency proceedings
• Article 39. Judicial review of the decision to open secondary insolvency proceedings
• Article 40. Advance payment of costs and expenses
• Article 41. Cooperation and communication between insolvency practitioners
• Article 42. Cooperation and communication between courts
• Article 43. Cooperation and communication between insolvency practitioners and courts
• Article 44. Costs of cooperation and communication
• Article 45. Exercise of creditors' rights
• Article 46. Stay of the process of realisation of assets
• Article 47. Power of the insolvency practitioner to propose restructuring plans
• Article 48. Impact of closure of insolvency proceedings
• Article 49. Assets remaining in the secondary insolvency proceedings
• Article 50. Subsequent opening of the main insolvency proceedings
• Article 51. Conversion of secondary insolvency proceedings
• Article 52. Preservation measures
• Article 53. Right to lodge claims
• Article 54. Duty to inform creditors
• Article 55. Procedure for lodging claims
• Article 56. Cooperation and communication between insolvency practitioners
• Article 57. Cooperation and communication between courts
• Article 58. Cooperation and communication between insolvency practitioners and courts
• Article 59. Costs of cooperation and communication in proceedings concerning members of a group of companies
• Article 60. Powers of the insolvency practitioner in proceedings concerning members of a group of companies
• Article 61. Request to open group coordination proceedings
• Article 62. Priority rule
• Article 63. Notice by the court seised
• Article 64. Objections by insolvency practitioners
• Article 65. Consequences of objection to the inclusion in group coordination
• Article 66. Choice of court for group coordination proceedings
• Article 67. Consequences of objections to the proposed coordinator
• Article 68. Decision to open group coordination proceedings
• Article 69. Subsequent opt-in by insolvency practitioners
• Article 70. Recommendations and group coordination plan
• Article 71. The coordinator
• Article 72. Tasks and rights of the coordinator
• Article 73. Languages
• Article 74. Cooperation between insolvency practitioners and the coordinator
• Article 75. Revocation of the appointment of the coordinator
• Article 76. Debtor in possession
• Article 77. Costs and distribution
• Article 78. Data protection
• Article 79. Responsibilities of Member States regarding the processing of personal data in national insolvency registers
• Article 80. Responsibilities of the Commission in connection with the processing of personal data
• Article 81. Information obligations
• Article 82. Storage of personal data
• Article 83. Access to personal data via the European e-Justice Portal
• Article 84. Applicability in time
• Article 85. Relationship to conventions
• Article 86. Information on national and Union insolvency law
• Article 87. Establishment of the interconnection of registers
• Article 88. Establishment and subsequent amendment of standard forms
• Article 89. Committee procedure
• Article 90. Review clause
• Article 91. Repeal
• Article 92. Entry into force