News archive
Richard Turton Award 2008 winner
"The committee received numerous applications for the award and it was a very close run decision as the standard of applicants was superb. We are delighted that the award has been met by such enthusiasm and response from the younger members of the profession and know..."
Richard Turton Award 2007 winner
"The committee received numerous applications for the award and it was a very close run decision as the standard of applicants was superb. We are delighted that the award has been met by such enthusiasm and response from the younger members of the profession and know that Richard would also be extremely pleased that there had been such interest"
"The Challenges of Insolvency Law Reform in the 21st Century" Facilitating Investment and Recovery to Enhance Economic Growth
Editors : Henry Peter / Nicolas Jeandin / Jason Kilborn Includes papers of, inter alia, Professors Gabrielle Kaufmann-Kohler, Xavier Oberson, Hans Caspar von der Crone, John Armour, Isaak Meier, Daniel Staehelin, Jay Westbrook and of Dr. Karl Wüthrich. 10% discount available to INSOL members. Please quote "INSOL" on your order form.
Europäische Insolvenzverordnung
Kommentar by Prof. Christoph Paulus
The author is following in this book the usual German pattern of what is called "Kommentar". I.e.commenting on each Article he provides a comprehensive documentation of the problems and their respective solutions both in case law and literature - thereby clearly offering his own views which are not necessarily those shared by the majority of authorities in this field. Available in German only. More information.
Collins & Aikman
The 9 June 2006 judgement of the English High Court in Collins & Aikman, [2006] EWHC 1343 (Ch), has reinforced the flexible and pragmatic approach adopted by English administrators, approving the preservation of creditors' local rights in European cross-border insolvencies and avoiding unnecessary secondary proceedings.
EU BANKING & INSURANCE INSOLVENCY
Edited by Gabriel Moss QC and Prof. Bob Wessels. INSOL Europe Members benefit from a 20% discount by completing the order form.
Book discount
INSOL Europe Members receive a 15% discount on the book: "Cross-Border Debt Restructurings"
Principal insolvency statutes
INSOL Europe now has available, exclusively to members, translations into English of the principal insolvency statutes of Latvia, Lithuania, Romania and Hungary. Go to the Technical Content section and choose the relevant country to view the documents.
Employment Rights and Restructuring
Survey responses follow from France, Germany, Sweden, The Netherlands, Italy and England & Wales in response to the questions:
- What, broadly, are the costs of terminating employment?
- What other constraints apply to the termination of employment on economic grounds?
- Can any of the costs/constraints be avoided by the use of formal insolvency proceedings and, if so, how?
- To what extent does the potential liability of the purchaser of a business for employment related claims hinder the sales of businesses in insolvency situations?
With thanks to the respondents:
France: Jean-Luc Vallens, GILFAM
Germany: Claudia Zobel, Schultze und Braun Rechtsanwaltsgesellschaft für Insolvenzverwaltung mbH
Sweden: Guy Lofalk, Hellström & Partners Advokatbyrå KB
The Netherlands: Michiel van Dijk, CMS Derks Star Busmann
Italy: Giorgio Cherubini, Studio Pirola Pennuto Zei & Associati
The European Charter for Small Enterprises
The European Charter for Small Enterprises
The European Charter for Small Enterprises has become a key instrument for promoting the interests of small businesses in Europe. It has become a core document of European policy, both at EU and at national level, committing public authorities to "think small first".
The follow-up to the European Charter for Small Enterprises has generated a valuable stock of good practices which help to improve the small business environment throughout Europe. To further stimulate exchange of good practices within the Charter context, the European Commission, together with the Irish Presidency, is organising a Conference on the European Charter for Small Enterprises in Dublin from 29 to 30 June 2004.
The 2004 Dublin Charter conference will provide an opportunity to hear about the good practices identified in the latest Charter Implementation Reports. The conference will focus on the three Charter areas highlighted as priorities last year:
- Access to finance, in particular venture capital and micro loans;
- innovation and technology transfer, and
- consultation of small businesses. In addition, one workshop will be devoted to good practices identified in the other Charter areas.
The conference will also introduce the three new priority areas selected for the upcoming Charter exercise:
- Education for entrepreneurship, especially secondary education;
- better regulation, especially bankruptcy law and impact assessment, and
- skills shortages, especially measures to overcome lack of skilled technicians and engineers.
Further topics are the orchestration of small business policy and the regional dimension of Charter implementation.
More information on the conference and online registration can be found at:
http://europa.eu.int/comm/enterprise/events/charter/index.htm
Looking forward to seeing you in Dublin!
Best regards,
Kirsi Ekroth-Manssila
Charter coordinator for the Member States
Kirsi Ekroth-Manssila
Unit B.1 - Entrepreneurship
European Commission
Enterprise Directorate-General
Office: SC27 3/9
B-1049 Brussels
Tel.: +32 2 295.07.08 Fax: +32 2 296.62.78
E-mail: Kirsi.Ekroth-Manssila@cec.eu.int
http://europa.eu.int/comm/enterprise/entrepreneurship/support_measures/index.htm
European Insolvency Regulation - Substantive Consolidation, the threat of Forum Shopping and a German point of view
Ditmar Weis (Publisher)
Filsener Strasse 50
D-56340 Osterspai
Phone: ++49.26.27.97.42.19
Fax: ++49.26.27.97.42.18
info@ditmar-weis.de
www.ditmar-weis.de
ISBN 3 980 9480 0 5
EUR 12.50 plus freight
This book gives an overview on the European Insolvency Regulation which came into effect on 31 May 2002 and will be applicable to the countries accessing the EU.
It offers an introduction to the rules on international jurisdiction and the insolvency statutes in the Regulations as well as a collection of international case law already existing in the EU with a focus on the general principle that courts of the Member States within the territory of whicht the "centre of main interests" is situated shall have jurisdiction to open insolvency proceedings.
The book provides criteria for determining where the centre of main interests is situated from the existing case law as well as from own reflections.
Next, the decisions of the European Court of Justice on the Freedom of Establishment are described as they have a major impact on the determination of the insolvency subject.
Finally, typical constellations in insolvency procedures are laid out from a German point of view. The rules on international jurisdiction in the Regulation as well as e.g. in corporate or tort law offer possibilities for forum shopping with regard to these constellations.Cimejes is an international association of specialists working in the fields of asset tracing, forensic accounting and corporate pathology.
Michael Martinez Ferber,
German Attorney, BBA, CFE,
founder and managing director of Cimejes
Jurisdictional survery 1: directors’ liabilities
Please click on a jurisdiction to read the full response to the eurofenix survey. The original feature article summarising the respondents’ replies appears in the spring 2004 edition of eurofenix. Please contact INSOL Europe for more information.