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The organisers of the Conference thank the following for their support

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Presentation on theme: "The organisers of the Conference thank the following for their support"— Presentation transcript:

1 The organisers of the Conference thank the following for their support
Conference Sponsor Conference Supporter Academic Forum Sponsor Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

2 Fifth Session: Reform of the European Insolvency Regulation I
Chair: Dr Paul Omar, University of Sussex

3 Renewal of the EIR: Shaken or Stirred?
Professor Bob Wessels, University of Leiden

4 “Launch of a large study”
EU Commissioner mrs Vivian Reding (April 2010) EU Commissioner mr Marcel Barnier (Jan. 2011) Preliminary assessment: 1. Regulation as a measure 2. Matters of international jurisdiction 3. Conflict of law rules 4. Recognition of judgments 5. Communication and cooperation 6. What is not offered under the EIR 7. Future

5 1. Regulation as EU measure
Unflexible tool Infringement proceedings Amendments “collective insolvency proceeding” Adaptation process

6 1. Regulation as EU measure (cont’d)
Rescue culture Procedural framework Method of interpretation Term and expressions

7 2. Matters of international jurisdiction
COMI Compressed decision Information Level of proof COMI shopping/migration Establishment

8 3. Conflict of law rules Vague terms Policy choices Forum shopping?

9 4. Recognition of judgments
Domestic publications Insolvency related judgments

10 5. Communication and cooperation
Vague Art. 31 CoCo Guidelines (soft law) Cross-border between courts “European insolvency industry”

11

12 6. What’s not in the EIR? Group provisions Relation with non-EU Member States Harmonisation

13 Future Amendment proposal Publication of seminar outcomes Approximation

14 The organisers of the Conference thank the following for their support
Conference Sponsor Conference Supporter Academic Forum Sponsor Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

15 The organisers of the Conference thank the following for their support
Conference Sponsor Conference Supporter Academic Forum Sponsor Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

16 The organisers of the Conference thank the following for their support
Conference Sponsor Conference Supporter Academic Forum Sponsor Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili

17 The organisers of the Conference thank the following for their support
Conference Sponsor Conference Supporter Academic Forum Sponsor Consiglio Nazionale dei Dottori Commercialisti e degli Esperti Contabili


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