COMIng, and Here to Stay. The Review of the European Insolvency Regulation

17 Pages Posted: 28 Jul 2015

Date Written: July 28, 2015

Abstract

In this contribution I summarily review the changes to the European Insolvency Regulation (‘EIR’). The new Regulation, 2015/848, will apply to insolvency proceedings opened after 26 June 2017. It repeals Regulation 1346/2000. I will use ‘EIR 2015’ for the new Regulation and ‘former EIR’ when I refer to Regulation 1346/2000. In reviewing the changes, I have given readers uninitiated with the Regulation some context to the core provisions and ambitions of the Regulation. However this article is not meant to provide general instruction into the EIR as a whole.

As a preliminary note, the Regulation’s official title is a bit of a misnomer. The title of the Regulation is simply ‘Regulation [number] on insolvency proceedings’. However the Regulation does not harmonise substantive insolvency law. It is an instrument of private international law, harmonising jurisdictional rules, applicable law and recognition and enforcement of judgments in insolvency matters.

Keywords: Insolvency; EU; Conflict of laws; COMI; Litigation; Dispute Resolution

JEL Classification: K19; K21; K41

Suggested Citation

van Calster, Geert, COMIng, and Here to Stay. The Review of the European Insolvency Regulation (July 28, 2015). Available at SSRN: https://ssrn.com/abstract=2637003 or http://dx.doi.org/10.2139/ssrn.2637003

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

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