The European Insolvency Regulation and Implementing Legislations

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The European Insolvency Regulation and Implementing Legislations

A Commentary

9781802205206 Edward Elgar Publishing
Edited by Gilles Cuniberti, Professor of Comparative and Private International Law, University of Luxembourg and Antonio Leandro, Professor of Public and Private International Law, University of Bari Aldo Moro, Italy
Publication Date: May 2024 ISBN: 978 1 80220 520 6 Extent: c 640 pp
This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.

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This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State’s judgements along with a regime of coordination between proceedings opened in different Member States.

Key Features:
● Expansive reference to case-law and legal writings
● Specific attention to private international law issues
● Comprehensive article-by-article analysis of the EIR
● Meticulous explanation by leading scholars in the field to aid understanding of each provision
● Up-to-date breakdown of the main national implementation legislations of the regulation
● Exploration of the interplay between the EIR and the Brussels Ibis Regulation, as well as the relationships with third countries

This Commentary will be a crucial reference tool for practitioners active in cross-border insolvency and restructuring in Europe. It will also prove a key resource for students and scholars of commercial law, company and insolvency law, and European private international law.
Contributors
Contributors include: Zeno Crespi Reghizzi, Gilles Cuniberti, Stefano Dominelli, Anna Hrycaj, Tuomas Hupli, Fabienne Jault-Seseke, Antonio Leandro, Matthias Lehmann, Thomas Mastrullo, Ilaria Queirolo, Marta Requejo, Teun D. Struycken, Chiara Enrica Tuo, Robert van Galen, Patrick Wautelet
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