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1 Table of Contents 1. Introduction The EU Private International Law Insolvency System History of the Regulation From Convention to Regulation Goal and Method of the Regulation Scope of the Regulation Exclusions Quick Summary of the Regulation Chapter I: General Provisions (Articles 1-15) Chapter II: Recognition of Insolvency Proceedings (Articles 16-26) Chapter III: Secondary Insolvency Proceedings (Articles 27-38) Chapter IV: Provision of Information for Creditors and Lodgment of Their Claims (Articles 39-42) Chapter V: Transitional and Final Provisions (Articles 43-47)...14 American Bankruptcy Institute xi
2 2. General Provisions Scope and Definitions International Jurisdiction Main Insolvency Proceedings Local Insolvency Proceedings Independent Territorial Insolvency Proceedings Secondary Territorial Proceedings European Court of Justice 17 January 2006 (Suzanne Staubitz-Schreiber) European Court of Justice 2 May 2006 (Eurofood) Applicable Law Third Parties Rights In Rem Set-off Reservation of Title Contracts Relating to Immovable Property Payment Systems and Financial Markets Contracts of Employment Effects on Rights Subject to Registration Community Patents and Trademarks Detrimental Acts...42 xii European Union Regulation on Insolvency Proceedings: An Introductory Analysis, Third Edition
3 2.13 Protecting Third-Party Purchasers Effects of the Insolvency Procedure on Pending Lawsuits Recognition of Insolvency Proceedings Principle Effects of Recognition Recognition of the Main Proceedings Recognition of Secondary Proceedings Powers of the Liquidator Proof of the Liquidator s Appointment Return and Imputation Publication, Registration and Costs Honouring of an Obligation to a Debtor Recognition and Enforceability of Other Judgments European Court of Justice 12 February 2009 (Seagon v. Deko Marty Belgium NV) Public Policy Secondary Insolvency Proceedings Opening of Proceedings Applicable Law...65 American Bankruptcy Institute xiii
4 4.3 Right to Request the Opening of Secondary Proceedings Duty to Cooperate and Communicate Information European Communication and Cooperation Guidelines for Cross-border Insolvency Exercise of Creditors Rights Stay of the Process of Liquidation Measures Ending Secondary Insolvency Proceedings Assets Remaining in the Secondary Proceedings Subsequent Opening of the Main Proceedings Conversion of Earlier Proceedings Preservation Measures Provision of Information for Creditors and Lodgement of Their Claims Right to Lodge Claims Duty to Inform Creditors Content of the Lodgement of a Claim Languages...82 xiv European Union Regulation on Insolvency Proceedings: An Introductory Analysis, Third Edition
5 6. Relationships with Non-EU Member States The EU Insolvency Regulation: Some Tentative Conclusions EU Insolvency Regulation and Non-member States...91 Appendices Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings...97 Council Regulation (EC) No 788/2008 of 24 July 2008 amending the lists of insolvency proceedings, winding-up proceedings and liquidators in Annexes A, B and C to Regulation (EC) No 1346/2000 on insolvency proceedings European Communication and Cooperation Guidelines for Cross-border Insolvency Select Bibliography American Bankruptcy Institute xv
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