Uniwersystet Jagielloński

International Insolvency Law

course by Dr Marek Porzycki

 

Summer semester 2019, ul. Krupnicza 33a, room 12, Monday 13.15-14.45

contact: marek.porzycki [at] uj.edu.pl

Consultations: ul. Bracka 12, room 209, Monday 16.40-17.40

 

!!! EXAM SCHEDULE FOR SUMMER 2019 !!!

 

Course outline

 

Presentations

0. Organisational matters

1. Insolvency law in general – its role and functions

2. Cross-border insolvency – theory & main problems

3. Laws and regulations on cross-border insolvency. History of the European Insolvency Regulation.

4. Structure of the European Insolvency Regulation [amended on 11 March, 9 pm, to update recommended reading references]

A simplified scheme of main issues addressed by the EIR

5. Scope of application of the EIR and the jurisdiction to open main proceedings [amended on 11 March, 9 pm, to update recommended reading references]

6. ECJ/CJEU judgments on the centre of main interests (COMI) and their influence on the recast EIR

7. Secondary proceedings and independent territorial proceedings

Case study – cross-border insolvency of a solvent debtor

8. Recognition and effectiveness of insolvency proceedings

9. Publicity of insolvency proceedings. Insolvency registers

10. Applicable law – part 1

11. Applicable law – part 2

12. Effects of insolvency proceedings on other proceedings against the debtor. Lodgement of claims and creditor rights.

13. International aspects of consumer insolvency [NOTE: presentation corrected on 6.5.2019, 21.22]

14. Insolvency proceedings against members of a group of companies

Repetition – sample cases

15. Polish insolvency proceedings under the old EIR and the recast EIR

16. Polish regulation of international insolvency law applicable to non-EU cases

17. International initiatives for the harmonisation of insolvency law

18. The EU Directive on restructuring and insolvency

 

Legal acts and documents (available on EUR-LEX):

Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (EIR)

[for reference: original version of the EIR, including recitals]

Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (old EIR)

[for reference: original text of the old EIR, including recitals]

The text of the EIR and preferably also of the old EIR will be needed for every course starting from mid-March. You are encouraged to use both Regulations in your native language alongside the English version.

Note: please use the latest consolidated texts of both the EIR and the old EIR, as the Annexes were already updated several times. To find the consolidated version, please go to the EUR-LEX advanced search page and search by document reference.  In the results page, click on the link for „latest consolidated version”. The consolidated versions, up-to-date as of 23 February 2019, are also linked above.

As recitals to EU legal acts are no longer included in the consolidated versions, please refer to the original versions of both the EIR and the old EIR to read the recitals.

As most of the court cases and literature refers to the old EIR, using the concordance table between the EIR and the old EIR included as Annex D to the EIR (at the end of the file) is highly recommended for easier orientation.

 

UNCITRAL Model Law on Cross-Border Insolvency, 1997

 

For Polish readers: Articles 378-417 of the Law of 28 February 2003 – Bankruptcy Law (Prawo upadłościowe) and Articles 338-348 of the Law of 15 May 2015 – Restructuring Law (Prawo restrukturyzacyjne)

 

Reading:

Virgos-Schmit Report

More reading will be indicated separately for each course.

 

Court cases:

1. Fundamental cases (mandatory reading for the exam)

Eurofood, Case C-341/04, 2 May 2006 (available on the CJEU website)

Staubitz-Schreiber, Case C-1/04, 17 January 2006 (available on the CJEU website)

Interedil, Case C-396/09, 10 October 2011 (available on the CJEU website)

MG Probud Gdynia, Case C-444/07, 21 January 2010 (available on the CJEU website)

 

2. Other cases (general knowledge of main issues required for the exam):

Parkside Flexibles, The combined Court of Quayside and Newcastle Upon Tyne (England), 9.2.2005 (available in the course materials)

German Graphics, Case C-292/08, 10 September 2009 (available on the CJEU website)

Rastelli Davide e C., Case C-191/10, 15 December 2011 (available on the CJEU website)

Bank Handlowy, Adamiak v Christianapol, Case C-116/11, 22 November 2012 (available on the CJEU website)

Ulf Kazimierz Radziejewski, Case C-461/11, 8 November 2012 (available on the CJEU website)

Nickel & Goeldner Spedition, Case C‑157/13, 4 September 2014 (available on the CJEU website)

Lutz, Case C-557/13, 16 April 2015 (available on the CJEU website)

Nike European Operations Netherlands, Case C-310/14, 15 October 2015 (available on the CJEU website)

 

Note: please read full versions of the CJEU judgments (marked as „Judgment” on the CJEU website, as opposed to „Judgment (OJ)”). You are also encouraged, whenever possible, to read CJEU judgments in the original language of the case alongside the English version (language of the case is indicated at the bottom of the text of every judgment).