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    EIR Articles 21 & 22

    Articles 21 and 22 of the European Insolvency Regulation (reproduced for ease of reference at the foot of this page) refer to Member States' procedures for publication and registration. These procedures, and the extent to which publication or registration is mandatory, tend not to be widely known in other jurisdictions. In particular, there is no centrally coordinated reference work enabling practitioners to check Member States' requirements. This area of INSOL Europe's website - currently a work in progress - seeks to address the problem by publishing a definitive guide by Member State. We are grateful to the many colleagues around Europe who have contributed.

    Whilst we are endeavouring to provide full and accurate information here, it is clear that practitioners are best advised to seek local assistance when publishing or registering in another jurisdiction either judgements opening insolvency proceedings or notice of a liquidator's appointment.

    Please contact the INSOL Europe Technical Officer (technical@insol-europe.org) with amendments to, or questions or comments on this guidance.

    Austria
    Ulla Reisch
    Urbanek Lind Schmied Reisch
    office.wien@ulsr.at

    Belgium
    Anthony Orr
    Simmons & Simmons
    Anthony.Orr@simmons-simmons.com

    Bulgaria
    Angel Ganev
    Djingov, Gouginski, Kyutchukov & Velichkov
    dgkv@dgkv.com

    Cyprus
    David Stokes
    Andreas Neocleous & CO LLC
    info@neocleous.com
    Czech Republic
    Tomas Richter
    Clifford Chance
    tomas.richter@cliffordchance.com
    England
    Glen Flannery
    Nabarro
    g.flannery@nabarro.com
    Estonia
    Signe Viimsalu
    University of Tartu
    signe.viimsalu@gmail.com
    Finland
    Jari-Pekka Alho
    Krogerus
    jp.alho@krogerus.com
    France
    Jean-Luc Vallens
    Court of Appeal of Colmar
    jlvallens@yahoo.fr
    Germany
    Martin Prager & Stephan Kolmann
    Pluta
    prager@pluta.net
    kolmann@pluta.net
    Greece
    Stathis Potamitis
    Potamitis
    stathis.potamitis@potamitisvekris.com
    Hungary
    Laszlo Csia
    Csabaholding Kft
    csia@csabaholding.hu
    Italy
    Livia Oglio
    Studio Legale Sutti
    livia.oglio@sutti.com
    Ireland
    Barry Cahir
    William Fry
    barry.cahir@williamfry.ie
    Latvia
    Inese Belicka
    Aizkraukle District Court
    ibelicka@court.gov.lv
    Lithuania
    Franck Heemann
    BNT Attorneys ABP
    franck.heemann@bnt.eu 
    Luxumbourg
    Christel Dumont
    OPF Partners
    cdumont@opf-partners.com
    Malta
    Philip Manduca
    R. Frendo Randon & Associates
    randon@onvol.net
    Netherlands
    Nicolaes Tollenaar
    Houthoff Buruma
    n.tollenaar@houthoff.com
    Poland
    Pawel Sadowski
    OUT Sp. z.o.o. Insolvency Consulting
    p.sadowski@bankruptcy.pl
    Portugal
    Catarina Serra
    Faculty of Law - University of Minho
    cssserra@gmail.com
    Romania
    Ioan Chiper
    Miculiti Chiper Shollenbarger Angelo (M.C.S.A.) S.C.P.A.
    ioan.chiper@mcsa.ro
    Scotland
    Alistair Burrow
    Tods Murray
    alistair.burrow@todsmurray.com
    Slovakia
    Renatus Kollar
    Allen & Overy
    Renatus.Kollar@AllenOvery.com
    Spain
    Juan Verdugo Garcia
    Garrigues
    juan.verdugo.garcia@garrigues.com
    Sweden
    Niklas Körling & Karl Bondesson
    Setterwalls Advokatbyra
    nko@setterwalls.se
    kbo@setterwalls.se

    Article 21

    Publication

    1. The liquidator may request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State in accordance with the publication procedures provided for in that State. Such publication shall also specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3(1) or Article 3(2).

    2. However, any Member State within the territory of which the debtor has an establishment may require mandatory publication. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3(1) are opened shall take all necessary measures to ensure such publication.

    Article 22

    Registration in a public register

    1. The liquidator may request that the judgment opening the proceedings referred to in Article 3(1) be registered in the land register, the trade register and any other public register kept in the other Member States.

    2. However, any Member State may require mandatory registration. In such cases, the liquidator or any authority empowered to that effect in the Member State where the proceedings referred to in Article 3(1) have been opened shall take all necessary measures to ensure such registration. 

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