Recognition of Insolvency Proceedings

Veder, Michael; Oberhammer, Paul

doi:10.1093/oso/9780198727286.003.0002

I General Provisions
- Notes
- Notes
- Article 19—Principle Article 19—Principle
  - Table of Contents Table of Contents
  - I. Introduction to Article 19 I. Introduction to Article 19
  - II. Automatic Recognition II. Automatic Recognition
    - A. Judgment Opening Insolvency Proceedings A. Judgment Opening Insolvency Proceedings
    - B. Court B. Court
    - C. Jurisdiction C. Jurisdiction
    - D. Judgment Effective in State of Opening D. Judgment Effective in State of Opening
    - E. Publication and Registration of the Opening of Proceedings in other Member States E. Publication and Registration of the Opening of Proceedings in other Member States
    - F. Capacity of the Debtor F. Capacity of the Debtor
  - III. Public Policy Exception III. Public Policy Exception
  - IV. Control IV. Control
  - V. Opening of Secondary Proceedings V. Opening of Secondary Proceedings
- Article 20—Effects of recognition Article 20—Effects of recognition
  - Table of Contents Table of Contents
  - I. Introduction to Article 20 I. Introduction to Article 20
  - II. Universal Scope of Main Proceedings II. Universal Scope of Main Proceedings
    - A. Extension Model A. Extension Model
    - B. No Formalities B. No Formalities
    - C. Limits to the Universal Scope of Main Proceedings C. Limits to the Universal Scope of Main Proceedings
      - 1. The Regulation provides otherwise 1. The Regulation provides otherwise
      - 2. Territorial Proceedings 2. Territorial Proceedings
  - III. Limited Scope of Territorial Proceedings III. Limited Scope of Territorial Proceedings
    - A. Effects may not be challenged in other Member States A. Effects may not be challenged in other Member States
    - B. Restrictions of Creditors’ Rights B. Restrictions of Creditors’ Rights
- Article 21—Powers of the insolvency practitioner Article 21—Powers of the insolvency practitioner
  - Table of Contents Table of Contents
  - I. Introduction to Article 21 I. Introduction to Article 21
  - II. Appointment of the Insolvency Practitioner II. Appointment of the Insolvency Practitioner
    - A. Insolvency Practitioner A. Insolvency Practitioner
    - B. Competent Court B. Competent Court
  - III. Powers of the Insolvency Practitioner III. Powers of the Insolvency Practitioner
    - A. Main Proceedings A. Main Proceedings
      - 1. General Remarks 1. General Remarks
      - 2. Removal of Assets 2. Removal of Assets
      - 3. Restrictions 3. Restrictions
    - B. Territorial Proceedings B. Territorial Proceedings
  - IV. Local Law Must be Respected IV. Local Law Must be Respected
  - V. Coercive Measures and the Right to Rule on Legal Proceedings or Disputes V. Coercive Measures and the Right to Rule on Legal Proceedings or Disputes
  - VI. Objections to the Exercise of the Insolvency Practitioner’s Powers VI. Objections to the Exercise of the Insolvency Practitioner’s Powers
- Article 22—Proof of the insolvency practitioner’s appointment Article 22—Proof of the insolvency practitioner’s appointment
  - Table of Contents Table of Contents
  - I. Introduction to Article 22 I. Introduction to Article 22
  - II. Proof of Appointment II. Proof of Appointment
  - III. Proof of the Insolvency Practitioner’s Powers III. Proof of the Insolvency Practitioner’s Powers
- Article 23—Return and imputation Article 23—Return and imputation
  - Table of Contents Table of Contents
  - I. Introduction to Article 23 I. Introduction to Article 23
  - II. Return of Proceeds of Recovery Abroad II. Return of Proceeds of Recovery Abroad
    - A. General Remarks A. General Remarks
    - B. Requirements and Scope B. Requirements and Scope
    - C. Obligation to Return Subject to Articles 8, 9, and 10 C. Obligation to Return Subject to Articles 8, 9, and 10
  - III. Imputation (‘Hotchpot-rule’) III. Imputation (‘Hotchpot-rule’)
  - IV. Synthetic Secondaries IV. Synthetic Secondaries
- Article 24—Establishment of insolvency registers Article 24—Establishment of insolvency registers
  - Table of Contents Table of Contents
  - I. Introduction to Articles 24–30 (Publicity) I. Introduction to Articles 24–30 (Publicity)
  - II. Establishment of Insolvency Registers (Article 24) II. Establishment of Insolvency Registers (Article 24)
- Article 25—Interconnection of insolvency registers Article 25—Interconnection of insolvency registers
  - Table of Contents Table of Contents
  - I. Introduction to Article 25 I. Introduction to Article 25
- Article 26—Costs of establishing and interconnecting insolvency registers Article 26—Costs of establishing and interconnecting insolvency registers
  - Table of Contents Table of Contents
  - I. Introduction to Article 26 I. Introduction to Article 26
- Article 27—Conditions of access to information via the system of interconnection Article 27—Conditions of access to information via the system of interconnection
  - Table of Contents Table of Contents
  - I. Introduction to Article 27 I. Introduction to Article 27
- Article 28—Publication in another Member State Article 28—Publication in another Member State
  - Table of Contents Table of Contents
  - I. Introduction to Article 28 I. Introduction to Article 28
  - II. Mandatory Publication II. Mandatory Publication
  - III. Discretionary Publication III. Discretionary Publication
  - IV. Content IV. Content
- Article 29—Registration in public registers of another Member State Article 29—Registration in public registers of another Member State
  - Table of Contents Table of Contents
  - I. Introduction to Article 29 I. Introduction to Article 29
  - II. Mandatory Registration II. Mandatory Registration
  - III. Discretionary Registration III. Discretionary Registration
  - IV. Content IV. Content
  - V. Control V. Control
- Article 30—Costs Article 30—Costs
  - Table of Contents Table of Contents
  - I. Introduction to Article 30 I. Introduction to Article 30
- Article 31—Honouring of an obligation to a debtor Article 31—Honouring of an obligation to a debtor
  - Table of Contents Table of Contents
  - I. Introduction to Article 31 I. Introduction to Article 31
  - II. Discharge II. Discharge
  - III. Burden of Proof III. Burden of Proof
  - IV. Payments made at the Request of the Debtor IV. Payments made at the Request of the Debtor
- Article 32—Recognition and enforceability of other judgments Article 32—Recognition and enforceability of other judgments
  - Table of Contents Table of Contents
  - I. Introduction to Article 32 I. Introduction to Article 32
  - II. Recognition and Enforcement II. Recognition and Enforcement
  - III. Judgments III. Judgments
  - IV. Relationship with the Brussels I Regulation: General Issues IV. Relationship with the Brussels I Regulation: General Issues
  - V. Judgments Concerning the Course and Closure of Insolvency Proceedings or the Approval of Compositions (paragraph 1 sub-paragraph 1) V. Judgments Concerning the Course and Closure of Insolvency Proceedings or the Approval of Compositions (paragraph 1 sub-paragraph 1)
  - VI. Judgments Deriving Directly from the Insolvency Proceedings and which are Closely Linked with Them (paragraph 1 sub-paragraph 2) VI. Judgments Deriving Directly from the Insolvency Proceedings and which are Closely Linked with Them (paragraph 1 sub-paragraph 2)
    - A. General A. General
    - B. Notion of Annex Proceedings: The CJEU’s Case Law B. Notion of Annex Proceedings: The CJEU’s Case Law
    - C. Conclusions C. Conclusions
    - D. Hard Cases … D. Hard Cases …
    - E … Make Bad Law E … Make Bad Law
  - VII. Preservation Measures (paragraph 1 sub-paragraph 3) VII. Preservation Measures (paragraph 1 sub-paragraph 3)
  - VIII. Recognition and Enforcement Outside the Scope of the EIR (paragraph 2) VIII. Recognition and Enforcement Outside the Scope of the EIR (paragraph 2)
  - IX. Bibliography IX. Bibliography
    - Notes
- Article 33—Public policy Article 33—Public policy
  - Table of Contents Table of Contents
  - I. Introduction to Article 33 I. Introduction to Article 33
  - II. Interpretation II. Interpretation
  - III. Functions of Public Policy III. Functions of Public Policy
  - IV. Bibliography IV. Bibliography
    - Notes
- Notes
- Notes
III Secondary Insolvency Proceedings
- Notes
- Notes
IV Provision Of Information For Creditors And Lodgement Of Their Claims
- Notes
- Notes
V Insolvency Proceedings of Members of a Group of Companies
- Notes
- Notes
VI Data Protection
- Notes
- Notes
VII Transitional and Final Provisions
- Notes
- Notes

Chapter

II Recognition of Insolvency Proceedings

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https://doi.org/10.1093/oso/9780198727286.003.0002

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307–396

Published:

September 2016

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II Recognition of Insolvency Proceedings

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