Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings - Fourth Edition

PAULUS Christoph , SMITH KC Tom , ISAACS KC Stuart

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Summary

The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union.

As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field.

Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions).

An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.

Table of contents

Foreword, Susan Block-Lieb
1:Historical Overview: The Drafting of the Insolvency Proceedings Regulation and its Precursors, Prof. Ian F Fletcher LLD KC (Hon)
2:The Insolvency Proceedings Regulation as an EU Legal Instrument, Stuart Isaacs KC and Prof. Dr. Stephan Madaus
3:Scope and Jurisdiction, Tomás Richter
4:Choice of Law Rules, Prof. Dr. Rolef de Weijs and Lilian Welling-Steffens
5:Recognition and Enforcement, Georgina Peters
6:Cross-Border Security and Quasi-Security, Felicity Toube KC, Jennifer Marshall and Prof. Francisco Garcimartin
7:Financial Institutions, Prof. Matthias Haentjens
8:Commentary on the Original Insolvency Proceedings Regulation and the Recast Insolvency Proceedings Regulation, Prof. Christoph Paulus and Tom Smith KC
9:The Ongoing Potential Application of the RR in the UK, Stuart Isaacs KC and Prof. Gerard McCormack