This book provides a distilled and accessible analysis of the European cross-border insolvency law. With reference to the amended Insolvency Regulation (EIR) and related sources it examines the issues involved in intra-member state cross-border insolvency.
The book analyses in depth the main areas of change brought about by the EIR such as the restatement of the meaning of 'centre of main interest' (COMI) and the rules on international jurisdiction, the new specific measures for multi-national enterprises, and the move towards co-operation between insolvency practitioners and courts.
The EIR represents a very significant development in European insolvency law which will have an impact on all insolvencies with an international element involving a European state. All practitioners advising on the area need a clear grasp of the implications of the changes and this book aims to deliver just that.
Professor Reinhard Bork holds a chair for Civil Procedure Law at Hamburg University and has published widely in both German and English on Civil Law, Corporate Law and Insolvency Law. Professor Renato Mangano holds a chair for Commercial Law at Palermo University. He has published widely in Banking Law, Corporate Law and Insolvency Law, in Italian, German and English, and collaborates on a number of projects with Reinhard Bork.
1. Introduction ; 2. Scope of the EIR ; 3. International Jurisdiction ; 4. Law Applicable ; 5. Recognition and Enforcement ; 6. Legal Status, Information, and Cooperation between Participants ; 7. Secondary Insolvency Proceedings ; 8. Group Insolvencies