Details
- Second edition of the leading work on the EC Regulation on Insolvency Proceedings, which has been widely cited by courts in the EU
- Deals with the law applicable to all EU countries, as well as the special UK position
- Includes discussion of the ECJ decisions in Eurofood and Staubitz-Schreiber, the decision in Shierson v Vlieland Boddy on the meaning of time of opening proceedings, and the Elektrim case
- Expert commentary written by a team of leading academics and practitioners in the field
- Includes the complete and up to date text of the EC Regulation on Insolvency Proceedings, in its fully amended form
New to this edition
- Takes into account the position following the accession of the 10 new Member States
- Incorporates recent significant court decisions
- Includes changes to the EC Regulation itself
This practical book provides a complete analysis of the EC Council Regulation on Insolvency Proceedings. This is an essential work for anyone who requires knowledge of insolvency law in the UK or any of the other 26 EU countries. The EC Regulation has direct binding force in all 27 EU countries and, actually or potentially, affects every insolvency proceeding in each of those countries which has any international aspect.
This is a second edition of the leading work on the subject in English that has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojeciv.
The new edition is updated to accommodate significant Court decisions interpreting the Regulation such as the ECJ cases of Eurofood and Staubitz-Schreiber. The decision in Shierson v Vlieland Boddy on the meaning of time of opening proceedings and the Elektrim case on Arts 4 and 15 are also discussed.
The work considers matters of implementation and interpretation in the main European states and takes account of the accession of the 10 new Member States since the last edition. In addition all changes to the text of the Regulation have been included.
Readership: Legal practitioners and accountants specialising in insolvency law as well as courts and judges; legal departments in major public companies; academics and university libraries.
1: Historical Overview: The Drafting of the Regulation and its Precursors
2: The Insolvency Regulation as a Community Legal Instrument
3: Scope and Jurisdiction
4: Choice of Law Rules
5: Recognition and Enforcement
6: The Effect of the Regulation on Cross Border Security and Quasi-Security
7: Regulating Financial Services and Markets in the EU
8: Commentary on Council Regulation 1346/2000 on Insolvency Proceedings
Edited by Gabriel Moss QC, 3-4 South Square, Gray's Inn, London, Ian Fletcher, Herbert Smith Professor of International Commercial Law, University College London, and Stuart Isaacs QC, 3-4 South Square, Gray's Inn, London
Contributors:
Daniel Bayfield - 3-4 South Square
Professor Michael Bogdan - Professor of Comparative and Private International Law, University of Lund
Richard Brent - 3 Verulum Buildings
Justice Timo Esko - Judge at the Supreme Court of Finland
Mr Justice Lightman - Judge of the High Court of Justice, Chancery Division
David Marks - 3-4 South Square
Jennifer Marshall - Allen & Overy
Gabreil Moss QC - 3-4 South Square
Georgina Peters - 3-4 South Square
Alberto Piergrossi - Chairman of Piergrossi Bianchini Eversheds
Nick Segal - Allen & Overy
Tom Smith - 3-4 South Square
Felicity Toube - 3-4 South Square
Professor Bob Wessels - Partner, Holland Van Gijzen Attoneys of Law
"The first port of call on any Regulation question, useful to both specialist practitioners and those who are new to the subject" - Hamish Anderson, Partner, Norton Rose LLP
"A valuable contribution to the increasing body of pan-European jurisprudence on the subject" - Hamish Anderson, Partner, Norton Rose LLP
"This book needs no further purchaser recommendation as it is an essential text on the Regulation. It is to be hoped that future editions will be more frequent as the Regulation is bound to be a fast-moving beast" - Look Chan Ho, I.C.C.L.R. vol 10, issue 20
"This book is a fine work, an erudite tour de force of scholarly but practical analysis of a fascinating and rapidly evolving body of law that has never been more relevant" - Gregory A Campbell, Partner, Gibbs Dunn and Crutcher LLP, in Business Law International 10.3
"This book is a fine work, an erudite tour de force of scholarly but practical analysis of a fascinating and rapidly evolving body of law that has never been more relevant" - Gregory Campbell, Gibbs Dunn and Crutcher LLP, Business Law International Journal 10.3
