International Insolvency Law
course by Dr Marek Porzycki
The course was taught in the summer semester of 2019/20 and will be offered again from February 2021.
contact: marek.porzycki [at] uj.edu.pl
2. Cross-border insolvency – theory & main problems
A simplified scheme of main issues addressed by the EIR
7a. Case study – cross-border insolvency of a solvent debtor (Bank Handlowy, Adamiak v Christianapol, Case C-116/11)
Archived presentation on recent law history (facultative):
Polish insolvency proceedings under the old EIR and the recast EIR (on the application of the old EIR and the recast EIR to Polish proceedings during and after the 2015 reform of Polish insolvency law)
Legal acts and documents (available on EUR-LEX):
[for reference: original version of the EIR, including recitals]
[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 documents on insolvency, including the 1997 Model Law on Cross-Border Insolvency
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)
More reading will be indicated separately for each course.
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)
SCI Senior Home, Case C-195/15, 26 October 2016 (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).