Cross-border Insolvency Proceedings in the EU

Venue: Trier

Location: Trier, Germany

Event Date/Time: May 20, 2010 End Date/Time: May 21, 2010
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When the assets belonging to an insolvent debtor are situated in different EU Member States, cross-border insolvency will often give rise to conflicts that need to be resolved by applying Regulation (EC) 1346/2000 on Insolvency Proceedings. The Regulation sets up a legal framework that contributes significantly to the better functioning of the Internal Market. It includes conflict-of-law rules as well as rules on jurisdiction, and provides for uniformity of insolvency proceedings by means of mutual recognition within the EU.

The conference will focus on the case law of the European Court of Justice, offering an in-depth analysis of the recent jurisprudence. Furthermore, it will address those issues that have remained unresolved and that will be the subject of judicial activity in the future. Besides the question of jurisdiction, the applicability of employment law and the scope of rights in rem will be addressed.

Finally, the conference will take a closer look at the exclusion of financial institutions from the Regulation and the impact of Directives 2001/17/EC and 2001/24/EC on the reorganisation and winding-up of insurance undertakings and credit institutions in the EU.