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The EC Regulation on Insolvency Proceedings


£145.00


Bankruptcy and insolvency


In stock


20 March 2009


Oxford University Press


9780199215089


Hardback
246 x 171mm

The EC Regulation on Insolvency Proceedings
A Commentary and Annotated Guide, 2nd edition

Editors: Gabriel Moss, Ian Fletcher and Stuart Isaacs

Overview

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 those insolvency proceedings in each of those countries which have 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.


Contents

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.