Suchergebnisse

With the Council regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings, that came into effect May 31, 2002 the European Union has introduced a legal framework for dealing with cross-border insolvency proceedings. In order to achieve the aim of improving the efficiency and effectiveness of insolvency proceedings having cross-border effects within the European Community, the provisions on jurisdiction, recognition and applicable law in this area are contained in a Regulation, a Community law measure which is binding and directly applicable in Member States. The goals of the Regulation, with 47 articles, are to enable cross-border insolvency proceedings to operate efficiently and effectively, to provide for co-ordination of the measures to be taken with regard to the debtor's assets and to avoid forum shopping. The Insolvency Regulation, therefore, provides rules for the international jurisdiction of a court in a Member State for the opening of insolvency proceedings, the (automatic) recognition of these proceedings in other Member States and the powers of the 'liquidator' in the other Member States. The Regulation also deals with important choice of law (or: private international law) provisions. The Regulation is directly applicable in the Member States3 for all insolvency proceedings opened after 31 May 2002.

The EU financial institution insolvency law framework / Gabriel Moss, QC, Bob Wessels, and Matthias Haentjens -- Principles for cross-border financial institution insolvencies / Gabriel Moss, QC, Bob Wessels, and Matthias Haentjens -- Commentary on Directive 2001/24/EC on the reorganization and winding-up of credit institutions / Bob Wessels -- Commentary on Title IV of Directive 2009/138/EC on the taking up and pursuit of the business of insurance and reinsurance (Solvency II) / Gabriel Moss, QC and Ryan Perkins -- Title I : scope, definitions, and authorities / Matthias Haentjens -- Titles II and III : preparation and early intervention / Matthias Haentjens -- Title IV : resolution / Matthias Haentjens -- Titles V and VI : cross-border group resolution and third countries / Matthias Haentjens -- TItles VII and VIII : financing arrangements and penalties / Matthias Haentjens -- France / Hubert de Vauplane and Gilles Koifrath -- Germany / Jens-Hinrich Binder -- Iceland / Eyvindur G. Gunnarsson -- Ireland / Blanaid Clarke -- Spain / Ignacio Tirado -- United Kingdom / Ian F. Fletcher, Hannah Thornley, and Robert Amey

"'Perspectives on international insolvency law : a tribute to Bob Wessels' is first of all what it says it is: a Festschrift to commemorate Professor Bob Wessels' retirement from his chair on International Insolvency Law at Leiden Law School, Leiden University, the Netherlands. Bob joined Leiden University in 2007. At the time he took with him more than thirty years of experience in professional practice and in academic research and education. In professional practice he was a partner of the Legal Services group Ernst & Young Tax Advisors and their alliance partner Holland van Gijzen Attorneys and Civil Law Notaries. He also was a professor of Civil and Commercial Law at his alma mater, Vrije University Amsterdam. At Leiden University Bob created a center of expertise of International Insolvency Law. He raised funds and encouraged young researchers to unravel the mysteries of international insolvency law, theory and jurisprudence. By sharing his expertise with young people and with experienced judges, attorneys and researchers Bob multiplied the knowledge of international insolvency law."--Back cover