Discussion class by Dr Marek Porzycki
Mondays, 13.15 - 14.45, ul. Krupnicza 33a, room 12
contact: marek.porzycki [at ] uj.edu.pl
!!! EXAM SCHEDULE FOR SUMMER 2024 !!!
Presentations
1. Insolvency law in general – its role and functions
2. Cross-border insolvency – theory & main problems
3. Laws and regulations on cross-border insolvency. The history of the European Insolvency Regulation.
4. Structure of the European Insolvency Regulation
A simplified scheme of main issues addressed by the EIR
5. Scope of application of the EIR and the jurisdiction to open main proceedings
6. Center of main interests (COMI) in the judgments of the CJEU and their influence on the recast EIR
7. Secondary proceedings and independent territorial proceedings
8. Recognition and effectiveness of insolvency proceedings
9. Publicity of insolvency proceedings. Insolvency registers
Materials below are from the previous academic year. They are provided for reference only. Updated materials will be provided in due course.
Case study - avoiding secondary proceedings when restructuring a solvent debtor
13. International aspects of consumer insolvency
14. International insolvency of groups of companies
15. Polish cross-border insolvency provisions applicable in non-EU cases
16. Harmonisation of substantive insolvency law in the EU and worldwide
Legal acts and documents (available on EUR-LEX):
[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, search on the EUR-LEX by document number. In the results page, click on the link for „Current consolidated version”. The consolidated versions, up-to-date as of 26 February 2024, 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)
Reading:
More reading will be indicated separately for each course.
Court cases (available on the CJEU website unless specifically indicated otherwise):
1. Fundamental cases (mandatory reading for the exam)
Eurofood, Case C-341/04, 2 May 2006
Staubitz-Schreiber, Case C-1/04, 17 January 2006
Interedil, Case C-396/09, 10 October 2011
MG Probud Gdynia, Case C-444/07, 21 January 2010
2. Other cases (recommended):
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
Rastelli Davide e C., Case C-191/10, 15 December 2011
Bank Handlowy, Adamiak v Christianapol, Case C-116/11, 22 November 2012
Ulf Kazimierz Radziejewski, Case C-461/11, 8 November 2012
Nickel & Goeldner Spedition, Case C‑157/13, 4 September 2014
Lutz, Case C-557/13, 16 April 2015
Nike European Operations Netherlands, Case C-310/14, 15 October 2015
SCI Senior Home, Case C-195/15, 26 October 2016
MH and NI v OJ and Novo Banco SA, Case C-253/19, 16 July 2020