Essays about: "European Insolvency Regulation"

Found 5 essays containing the words European Insolvency Regulation.

  1. 1. The role of Preventive Restructuring Directive for cross-border companies in financial distress: rescue for efficiency?

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Arina Tsekanina; [2021]
    Keywords : Preventive Restructuring Directive; preventive restructuring frameworks; EU insolvency law; Law and Political Science;

    Abstract : This study focuses on the recent Directive (EU) 2019/1023 on preventive restructuring frameworks (‘Preventive Restructuring Directive’) that was adopted by the European Parliament and the Council on 20 June 2019. The purpose of this thesis is to examine and assess the EU legislator’s intentions in harmonisation of national laws on restructuring and to clarify the rationale behind business rescue. READ MORE

  2. 2. Forum shopping in the context of the European Insolvency Regulation and Freedom of Establishment post Interedil - C 396/09

    University essay from Lunds universitet/Juridiska institutionen

    Author : Katja Ober; [2012]
    Keywords : Forum shopping; European Insolvency Regulation; Centre of Main Interests; Choice of Jurisdiction; Choice of Law; Abuse of Rights; Freedom of Establishment; Law and Political Science;

    Abstract : Where debtors seek to open insolvency proceedings in a Member State that have the most favourable insolvency regime it is referred to as "forum shopping". According to Article 3 (1) in conjunction with Article 4 of the European Insolvency Regulation the appropriate jurisdiction and the applicable law are determined by the core element of the Regulation the debtor´s "centre of main interests": the law follows the venue and the venue follows the COMI. READ MORE

  3. 3. The Centre of Main Interests - A troublesome phrase in the EC Regulation on Insolvency proceedings

    University essay from Lunds universitet/Juridiska institutionen

    Author : Johan Althini; [2006]
    Keywords : Civilrätt; oklassificerad; Law and Political Science;

    Abstract : After much work and a long time after its instigation, a legislation regulating insolvency law in the European Union finally saw the light of day in 2002. Its 47 articles and 33 recitals establish jurisdiction, choice of law as well as recognition, in cross-border insolvencies within the EU and with this new legislation came a new expression to the legal area, namely 'centre of main interests'. READ MORE

  4. 4. Air Passenger Rights in the European Community

    University essay from Lunds universitet/Juridiska institutionen

    Author : Björn Siever; [2006]
    Keywords : European Affairs; Law and Political Science;

    Abstract : The travel industry has seen an overwhelming growth concerning air passenger numbers in recent decades. In the same period of time the European Community passed a series of legislative measures to provide air passengers with essential rights. In this thesis those different sets of rules accompanied by case law and literature shall be examined. READ MORE

  5. 5. 'Centre of main interests' - a New Concept in European Insolvency Law

    University essay from Lunds universitet/Juridiska institutionen

    Author : Ann-Christine Halén; [2002]
    Keywords : European Affairs; Law and Political Science;

    Abstract : I find the concept ''centre of main interests'' interesting, since it is a new concept and a key element in the Regulation. It determines applicability of the Regulation - it is only applicable if the centre is situated within the Community (see 4.1 The Objective and Scope). READ MORE