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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