Edited by Peter Mankowski
Chapter 8: The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast)
Shaping the right interplay between the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) is far from being an easy task. The caveat whereby they should apply in such a way as to avoid regulatory loopholes in civil and commercial matter makes the task even burdensome. After weighing the ‘insolvency exception’ of the Brussels Ibis Regulation against the scope of the European Insolvency Regulation (recast), this chapter particularly clarifies: a) which proceedings may fall under the latter, b) rationale and scope of both the jurisdiction over the so-called ancillary actions and the chance for the insolvency practitioner to consolidate the actions before the courts competent under the Brussels Ibis Regulation, c) the interplay between the two Regulations in matters of recognition and enforcement of judgments.
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