International Insolvency Law Part II contains an extensive treatment of the EU Insolvency Regulation (2015/848), which came into effect in 2017. This Regulation builds on the Insolvency Regulation 1346/2000 and has further clarified or amended its concepts. Additionally, it introduced several new rules, for example on group coordination proceedings.
The book covers an extensive volume of literature (mainly from Austria, Belgium, England, France, Germany, Ireland and the Netherlands) and an ever-growing body of court cases. Since the last edition of 2017, approximately 50 cases have been added on many of the (detailed and complex) questions that come up in practice. Special attention has been given to the main themes in recent debates, such as:
- The definition of collective insolvency proceedings
- The meaning of the term centre of main interest (COMI) and the more strict rules for courts to determine international jurisdiction
- The system of conflict of law rules
- The system of recognition and enforcement of other (insolvency related, ‘annex’) judgments or the specifics of group coordination proceedings
The book includes references to best practices and offers practical tools and recommendations for communication and cooperation in cross-border insolvency cases, including the use of Protocols in cross-border insolvency cases. The law is stated as per July 2022. In order to assist the reader locate the relevant information, a comprehensive bibliography has been included.
European insolvency law
The present book is International Insolvency Law - Part II European Insolvency Law. Together with the first part of the book, International Insolvency Law - Part I Global Perspectives on Cross-Border Insolvency Law, it forms the fifth edition of its original version.
