The general aim of the EU Insolvency Regulation is to be a Community law measure, having general application, binding for all, whether the debtor is a natural person or a legal person, a trader, a merchant or an individual. 5. The legal status of the Regulation differs from the EU Insolvency Convention (or:

Title: We (don't) know who you are. "Known creditors" under Article 40 of the European Insolvency Regulation (Sahin v. QSN24h) Author(s):

QSN24h) @inproceedings{Richter2013WeK, title={We (don't) … Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) Chapter I General provisions (arts. 1-18) Article 2 Definitions Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) Chapter I General provisions (arts. 1-18) Article 3 International jurisdiction In this book a team of experienced insolvency law experts, among them judges, insolvency practitioners and academics, analyse the European Insolvency Regulation article by article. The authors focus on the new provisions and mechanisms as well as on the existing, and to a great extent still relevant, case law by the European Court of Justice and courts of the Member States. The general aim of the EU Insolvency Regulation is to be a Community law measure, having general application, binding for all, whether the debtor is a natural person or a legal person, a trader, a merchant or an individual. 5.

Article 40 european insolvency regulation

• The Insolvency Regulation does not harmonise substantive or procedural insolvency law in Europe. This article compares the Recast European Insolvency Regulation of 2015 with the UNCITRAL Model Law on Cross‐Border Insolvency of 1997, focussed on their scope of application, international jurisdiction and the coordination of main and secondary proceedings. In particular, it seeks to evaluate whether the Recast has solved the issues arising within the original European Insolvency Regulation in relation to transaction avoidance. Secondly, it questions the suitability of the private international law approach to transaction avoidance in cross‐border insolvency within the European Union framework.

Applicable Business Centre(s):. Stockholm.

Insolvency has chosen it as a jurisdictional standard1. 4. Article 3.1 of the Regulation refers to the courts of the Member State “within the territory of which the centre of a debtor´s main interest is situated”. With regard to the formulation of this provision, two preliminary comments should be made. First, the

3. Sphere of Application. Part II: The Main Insolvency Proceedings.

European insolvency regulation: Article‐by‐Article Commentary, Moritz Brinkmann (ed) (2019, Beck‐Hart‐Nomos, Munich) 557 pp., €220, ISBN 978‐3‐406‐69858‐3 Paul Omar Corresponding Author

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PDF | This article advances detailed proposals for a European government to enact uniform bankruptcy laws, EU authorities can legislate than 37% of cases in 2015 and more than 40% of cases in the ﬁrst half of. 2016. 40.
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Article 40 european insolvency regulation

(4) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jur isdiction and the Key Features of the European Insolvency Regulation, as Made Article 40—Advance payment of costs and expenses I. Introduction to Article 40 40.01 II. Contents of In a recent decision, the Czech Supreme Court had the opportunity to interpret the term "known creditors" as used by Article 40 of the European Insolvency Regulation 1346/2000. Companies and individuals in the EU are increasingly extending their business activities to new EU countries. If they become insolvent, this can directly affect the proper functioning of the internal market.

the wording of Article 149(2) of the Ley Concursal (Spanish Law on Insolvency), The Council shares the view of the European Parliament that research into is important and to this aim proposes a new Article 40 as well as a new recital Where the law of the Member State in which the opening of secondary empowered to request the opening of insolvency proceedings under the law of the Article 40 of the European Economic Area Agreement of 2 May 1992 must be Repo and derivatives portfolios between insolvency law and regulation.
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European law environment and the protectionism approach of member states and will focus on the European coordinating legal instrument for cross-border insolvencies, namely Council Regulation (EC) No 1346/2000 (‘Insolvency Regulation’).2 In particular, it will look at the normative models on which the Insolvency Regulation is based and, by

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 Buy European Insolvency Regulation: Article-by-Article Commentary, edited by Moritz Brinkmann, ISBN 9781509924110, published by Hart Publishing from www.wildy.com, the World's Legal Bookshop. Corpus ID: 159383365.