Commentary on the European Insolvency Regulation

ISBN : 9780198727286

Reinhard Bork; Kristin van Zwieten
928 ページ
171 x 246 mm

This book provides a detailed article-by-article commentary on the recast EU Regulation on Insolvency Proceedings (EIR), written by a group of experts drawn from several European jurisdictions. The commentary is prefaced by an introductory chapter that explains the rationale for the EIR, charts the background to its enactment, and sketches its key features as originally made and as recast. The commentary that follows has been published in time to cover the long-awaited and much-debated recast Regulation which was finalised in 2015. The introduction of the recast EIR has given authors and editors the opportunity to analyse a newly drafted and modernised law, containing a highly sophisticated set of rules designed to enhance the effectiveness and efficiency of Member State insolvency laws in cross-border cases. The timing of publication will enable practitioners and scholars to equip themselves with a thorough understanding of the recast EIR ahead of full implementation in 2017. The article-by-article analysis has a multi-jurisdictional focus which reports and evaluates significant developments in the application of the Regulation across Member States. This is a key new work for all those who advise on or research European insolvency law.


Kristin van Zwieten: An introduction to the European Insolvency Regulation, as made and as recast
1 Kristin van Zwieten, Georg Ringe, Richard Snowden, Francisco Javier Garcimartin, Miguel Virgos: General Provisions (Art. 1-18)
2 Michael Veder, Paul Oberhammer: Recognition of Insolvency Proceedings (Art. 19-33)
3 Renato Mangano, Bob Wessels, Reinhard Dammann: Secondary Insolvency Proceedings (Art 34-52)
4 Katja Lenzig: Provision of Information for Creditors and Lodgement of their Claims
4a Jessica Schmidt: Groups (Art. 56-77)
4b Tibor Tajti: Data Protection (Art. 78-83)
5 Kristin van Zwieten: Transitional and Final Provisions (Art. 84-91)


Reinhard Bork is Professor at the University of Hamburg, Germany and is a respected scholar in insolvency law in Germany. He has been a judge of the Upper State Court in Hamburg. He has published widely in German and in English and is the author of 'Rescuing Companies in England and Germany' with OUP in 2012.; Kristin van Zwieten is Clifford Chance Associate Professor of Law and Finance at the University of Oxford, and Fellow of Harris Manchester College. She was previously John Collier Fellow in Law at Trinity Hall, Cambridge. Prior to her academic career, she trained as a solicitor in an Australian corporate law firm.