Benefits of using the INSOL Europe: European Insolvency Regulation Case Register

KEY POINTS

  • The INSOL Europe case register has abstracts of over 450 cases relating to the EC Regulation on Insolvency.
  • ––It provides helpful guidance, particularly on obscure articles of the EC Regulation on Insolvency.
  • ––It will cover key decisions on the new recast regulation, once it comes into force.

What is the INSOL Europe Case Register?

The new-look INSOL Europe: European Insolvency Regulation Case Register is now hosted on the LexisNexis platform. This unique case abstract service provides summaries of judgments, from the Court of Justice of the European Union (CJEU) and first instance and appeal courts of the EU Member States, that consider a significant point relating to the Regulation (EC) 1346/2000 on Insolvency Proceedings (the EC Regulation on Insolvency). The service currently includes abstracts of over 450 judgments from 2001 onwards and is constantly expanding.

The abstracts are provided on behalf of INSOL Europe by national correspondents, practising or academic lawyers, covering each of the EU Member States and are academically moderated by Professor Reinhard Bork, University of Hamburg, and Dr Kristin van Zwieten, Oxford University. Abstracts relating to judgments of the CJEU are provided by the Technical Officers of INSOL Europe and are moderated by Stefan Ramel, Barrister, Guildhall Chambers.

The case register is published by INSOL Europe (the European organisation of professionals who specialise in insolvency, business reconstruction and recovery) and has been hosted on Lexis Library
from October 2014 onwards.

Why the INSOL Europe case register is useful in cross-border deals

The case register is particularly useful for guidance on some of the more obscure articles of the EC Regulation on Insolvency.

With EC case law, it is only decisions of the CJEU which bind all Member States. However, where the CJEU has given limited guidance on a particular area, courts may look to decisions of other courts in the member states for some guidance, although they will not be binding. For example, in one of the leading cases on the EC Regulation on Insolvency, Re Eurofood C-341/04, [2006] All ER (EC) 1078, the parties referred the European Court of Justice (as it then was) to several lower court decisions, such as the Austrian case of Re Stojevic [2005] EIRCR(A) 41 on public policy issues.

The case register is invaluable when searching for key decisions in other jurisdictions (which are invariably handed down in the local language of the relevant court) as summaries are given in English and the key articles considered by the case are clearly highlighted.

Access details

Lexis PSL subscribers can access the case register by following the link appearing in the essentials pod in the top right hand corner of the homepage.

Lexis Library subscribers can access the case register under the "International Cases" tab in Lexis Library.

INSOL Europe members will have received an email with their new username and password plus a link to the case register. It is possible to search for a case in various ways by using general search terms, the case name, its citation, judgment date, court, relevant section of the EC Regulation on Insolvency (eg cases mentioning Art 3(1)), or cases referred to (eg cases mentioning Eurofood). You can also search for cases by browsing by country, then date.

Reforms to the EC Regulation on Insolvency

Following extensive three-way discussions between the European Commission, European Parliament and Council throughout November and December 2014, on 20 May 2015, the European Parliament approved the European Council’s position at first reading of the Regulation (EU) of the European Parliament and of the Council on insolvency proceedings (recast). This version contains some restructured recitals, with the larger recitals having been divided into two. It also includes a new provision introducing a committee of representatives of member states to assist the Commission in drafting the various forms prescribed under the recast regulation.

The recast regulation will be effective 20 days after publication in the Official Journal. Once adopted as a regulation, it will have direct effect in each member state (apart from Denmark, which has opted-out) without the need for separate enactment at a national level. However, the majority of the provisions will not be effective for another two years (ie around 2017) after the recast regulation comes into force.
This is to allow Member States to familiarise themselves with the new provisions. The original regulation will continue to apply to proceedings opened before the recast regulation comes into force.

The exceptions are:

  • the description of national insolvency law and procedures to be provided by each member state (particularly the matters governed by the law of the main proceedings) which shall apply 12 months after the recast regulation comes into force;
  • ––the establishment of national insolvency registers, which shall apply 36 months (ie three years) after the recast regulation comes into force; and
  • ––the interconnection of national registers, which shall apply 48 months (ie four years) after the recast regulation comes into force

Although the draft recast regulation provides for the creation of interlinked national databases and a European database or portal in which all judgments opening proceedings must be registered, it is several years before they will be available. Even then, only certain prescribed information (the mandatory information) must be provided, such as: the date of the opening, case reference number, type of proceedings. The substance of the judgment itself is not required to be registered. However, the INSOL Europe case register will cover key decisions from the CJEU and first instance and appeal courts of the EU Member States on the recast regulation, once it is in force.

For a detailed guide on how to access and search the INSOL Case Register, click here.

This article first appeared in the Corporate Rescue and Insolvency Journal.

Written by Kathy Stones, solicitor in the Lexis®PSL Restructuring & Insolvency team.

Relevant Articles
Area of Interest