Main proceedings, secondary and territorial proceedings under the EC Regulation on insolvency [Archived]
Main proceedings, secondary and territorial proceedings under the EC Regulation on insolvency [Archived]

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Main proceedings, secondary and territorial proceedings under the EC Regulation on insolvency [Archived]
  • Warning:
  • Recast Regulation on Insolvency on Insolvency: reforms
  • Scope of the EC Regulation on Insolvency
  • Three types of proceedings
  • Main proceedings
  • Primacy of main proceedings
  • Powers of office-holder in main proceedings over secondary proceedings
  • EC Regulation on Insolvency guidance on secondary proceedings
  • EU Court of Justice guidance on establishment
  • more

Warning:

This Practice Note reflects the position maintained up to 25 June 2017 before the coming into force of the Recast Regulation on Insolvency on Insolvency, Regulation (EU) 848/2015, and is for historic purposes only. It will not be updated in respect of any new case law or developments. See Practice Note: Recast Regulation—main, secondary and territorial proceedings for the position post 26 June 2017.

Recast Regulation on Insolvency on Insolvency: reforms

Substantial reforms are made to Regulation (EC) 1346/2000 on Insolvency (the EC Regulation on Insolvency) under the Recast Regulation on Insolvency on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on Insolvency on Insolvency)—see Overview Document and Recast EC Regulation on Insolvency—main, secondary and territorial proceedings. For the full text of the Recast Regulation on Insolvency on Insolvency, click here. For the full text of the EC Regulation on Insolvency, click here. For a destination table, see Practice Note: Recast Regulation on Insolvency—destination table.

Although the Recast Regulation on Insolvency on Insolvency entered force on 26 June 2015, the majority of the provisions are only effective from 26 June 2017 onwards—this was to allow Member States to familiarise themselves with the new provisions (a Corrigendum was published by the EC on 21 December 2016 clarifying that the Recast Regulation on Insolvency on Insolvency only applies to