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Informationen zum Autor Moritz Brinkmann is Director of the Institute for German and international Civil Procedural Law, Rheinische Friedrich Wilhelms-Universität Bonn, Germany. Klappentext The new European Insolvency Regulation (Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings) has come into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation reforms the EC Regulation (1346/2000) on insolvency proceedings. The main changes of the Regulation are: The extension of its application to preventive insolvency proceedings; The creation of publicly accessible online insolvency registers; The possibility of avoiding the opening of multiple proceedings and preventing 'forum shopping'; The introduction of new procedures with the aim of facilitating cross-border coordination and cooperation between multiple insolvency proceedings in different Member States relating to members of the same group of companies. 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. Vorwort 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. Zusammenfassung The new European Insolvency Regulation (Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings) has come into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation reforms the EC Regulation (1346/2000) on insolvency proceedings.The main changes of the Regulation are:The extension of its application to preventive insolvency proceedings;The creation of publicly accessible online insolvency registers;The possibility of avoiding the opening of multiple proceedings and preventing ‘forum shopping’;The introduction of new procedures with the aim of facilitating cross-border coordination and cooperation between multiple insolvency proceedings in different Member States relating to members of the same group of companies.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. Inhaltsverzeichnis Introduction Regulation (EU) 2015/848 of the European Parliament and of the Council - Recitals Chapter IGeneral ProvisionsArticle 1. Scope Article 2. DefinitionsArticle 3. International jurisdictionArticle 4. Examination as to jurisdiction Article 5. Judicial review of the decision to open main insolvency proceedingsArticle 6. Jurisdiction for actions deriving directly from insolvency proceedings and closely linked with them Article 7. Applicable lawArticle 8. Third parties’ rights in rem5Article 9. Set-off Article 10. Reservation of title Article 11. Contracts relating to immoveable property Article 12. Payment systems and financial markets Article 13. Contracts of employmentArticle 14. Effects on rights subject to registrationArticle 15. European patents with unitary effect and Community trade marks Article 16. Detrimental actsArticle 17. Protection of third-party purchasers Article 18. Effects of insolvency proceedings on pending lawsuits or arbitral proceedings Chapter IIRecognition of Insolvency ProceedingsArticle 19. PrincipleArticle 2...
