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EU Banking and Insurance Insolvency, 2nd Edition

EU Banking and Insurance Insolvency, 2nd Edition

Author: Gabriel Moss; Bob Wessels
Publisher: Oxford University Press
ISBN: 9780198759393

Previous Edition ISBN: 9780199285785
Published In: February 2017
Format: Hardback , 680 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Following the chaotic effects of the global financial crisis on European financial markets, the legislative regime introduced by the European Union (EU) represents a dramatic new approach to bank insolvency law, and will have a profound effect on the way banks function.

The second edition of EU Banking and Insurance Insolvency evaluates these important developments and their implications for the Eurozone countries. A comprehensive general introduction sets out the EU insolvency law framework and the principles which govern financial institutions.

The book provides detailed commentary on the Bank Recovery and Resolution Directive (BRRD) and Single Resolution Mechanism Regulation (SRMR), the legislative instruments central to the EU's response to the crisis, intended to harmonize Member States law. It considers the new powers given to government authorities under the BRRD to write down shares and debt instruments issued by banks, and the function of the newly created 'Single Resolution Board'.

Commentary on the Winding-Up Directive (2001/24/EC) and the Insurance Insolvency Directive (2001/17/EC) discusses the significant changes these statutes have undergone as a consequence of the adoption of the BRRD and SRMR, as well as several high-profile court cases decided on the interpretation of these two statutes, including the Landsbanki and Kaupthing cases, and the Lehman Brothers, Isis Investments, and Heritable Bank cases.

This is an invaluable practitioner guide to the new European banking insolvency regime, written by experts in the field.

Part I: Commentaries
1: Professor Bob Wessels & Gabriel Moss QC: General Introduction to the EU Insolvency Law Framework and Principles with Regard to Financial Institutions
2: Professor Bob Wessels: Credit Institution Directive
3: Gabriel Moss QC & Tom Smith: Insurance Undertaking Directive
Part II: National Implementation in the EU
4: Alexander Klauser & Gregor Maderbacher: Austria
5: Professor Vincent Sagaert: Belgium
6: Steen Klein: Denmark
7: Professor Ian Fletcher & Marcus Haywood: England
8: Kilvar Kessler: Estonia
9: Pekka Jaatinen: Finland
10: Cecile Dupoux: France
11: Eberhard Braun: Germany
12: Georg Bazinas: Greece
13: Norbert Csizmania: Hungary
14: Dr John Breslin: Ireland
15: Professor Alberto Piergrossi, Daniela Murer & Valentina Cassata: Italy
16: Martins Zalans: Latvia
17: Pim Hakkaart: Netherlands
18: Lech Gilincinski: Poland
19: Katarina Cechova: Slovak Republic
20: Laura Vazquez, Miguel Torres & Pere Pons: Spain
21: Odd Swarting: Sweden
Part III: Impact in Neighbouring Jurisdictions
22: Siv Sandvik: Norway
Appendices
A: Credit Institution Directive
B: Insurance Undertaking Directive
C: Credit Institutions (Reorganisation and Winding Up) Regulations 2004
D: Insurers (Reorganisation and Winding Up) Regulations 2004

Edited by Gabriel Moss QC, Barrister in private practice at 3-4 South Square, Gray's Inn, and Bob Wessels, Professor of Commercial Law, Vrije University, Amsterdam

Contributors:

Professor Bob Wessels

Gabriel Moss QC, 3/4 South Square

Tom Smith

Alexander Klauser & Gregor Maderbacher, Brauneis, Klauser & Praendl

Professor Vincent Sagaert, Minister

Steen Klein, Advokatfirma DLA Nordic A/S

Professor Ian Fletcher, University College London

Marcus Haywood, 3/4 South Square

Kilvar Kessler

Pekka Jaatinen, Castrén & Snellman Attorneys Ltd

Cecile Dupoux, Avocat à la Cour