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Moss, Fletcher and Isaacs on The EU Regulation on Insolvency Proceedings 4th ed

Edited by: Tom Smith KC, Stuart Isaacs KC, Christoph Paulus

ISBN13: 9780192855237
Previous Edition ISBN: 9780199687800
Published: October 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £250.00

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The last decade has seen considerable changes in the main Regulation on cross-border insolvencies in the EU, the EU Regulation on Insolvency Proceedings (EIR). Many of those changes have been fundamental, including the application of the Recast EIR and the departure of the United Kingdom from the European Union.

As EU law and its effect on member-states changes, Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings remains the guide for legal precedents while including new developments in the field.

Each edition of this seminal work has served as a practical tool for lawyers and students alike, being widely cited within the EU and domestic courts. This fourth edition includes a new Chapter dealing with the impact of the UK's departure from the EU on insolvency proceedings in the UK. It also examines new case law from the European Court of Justice (ECJ), including iUB v VA (exclusive jurisdiction under Insolvency Regulation), Silverira v Espirito Santo (Article 15 - effect on lawsuits pending), and Wiemer & Trachte GmbH v Tadzher (Article 6 - jurisdiction re avoidance actions).

An invaluable resource for practitioners and academics alike, this updated volume provides an expert commentary on the evolution in the EIR- which will be useful to lawyers not only within the CJEU but in all 27 member states as well.

  • Fourth edition of the leading work on the EU Regulation on Insolvency Proceedings, which has been widely cited by courts in the EU and domestic courts
  • Provides an explanation of the Regulation useful to all lawyers advising on insolvencies based in any of the 27 member states of the EU
  • Expert commentary written by a team of leading academics and practitioners in the field

New to this Edition:

  • Includes new case law from the Court of Justice of the European Union (CJEU)
  • Deals with the exit of the UK from the EU and the post-Brexit position

Insolvency Law
Foreword, Susan Block-Lieb
1. Historical Overview: The Drafting of the Insolvency Proceedings Regulation and its Precursors, Prof. Ian F Fletcher LLD KC (Hon)
2. The Insolvency Proceedings Regulation as an EU Legal Instrument, Stuart Isaacs KC and Prof. Dr. Stephan Madaus
3. Scope and Jurisdiction, Tomás Richter
4. Choice of Law Rules, Prof. Dr. Rolef de Weijs and Lilian Welling-Steffens
5. Recognition and Enforcement, Georgina Peters
6. Cross-Border Security and Quasi-Security, Felicity Toube KC, Jennifer Marshall and Prof. Francisco Garcimartin
7. Financial Institutions, Prof. Matthias Haentjens
8. Commentary on the Original Insolvency Proceedings Regulation and the Recast Insolvency Proceedings Regulation, Prof. Christoph Paulus and Tom Smith KC
9. The Ongoing Potential Application of the RR in the UK, Stuart Isaacs KC and Prof. Gerard McCormack