The EC Regulation on Insolvency Proceedings: A Commentary and Annotated Guide

This practical book provides a complete analysis of the EC Council Regulation on Insolvency Proceedings. This is an essential work for anyone who requires knowledge of insolvency law in the UK or any of the other 26 EU countries. The EC Regulation has direct binding force in all 27 EU countries and, actually or potentially, affects every insolvency proceeding in each of those countries which has any international aspect.

This is a second edition of the leading work on the subject in English that has been cited by numerous courts in the EU, including the Advocate General of the European Court of Justice in the Eurofood case and by the appelate courts of Austria in Re: Stojeciv.

The new edition is updated to accommodate significant Court decisions interpreting the Regulation such as the ECJ cases of Eurofood and Staubitz-Schreiber. The decision in Shierson v Vlieland Boddy on the meaning of time of opening proceedings and the Elektrim case on Arts 4 and 15 are also discussed.

The work considers matters of implementation and interpretation in the main European states and takes account of the accession of the 10 new Member States since the last edition. In addition all changes to the text of the Regulation have been included.

Gabriel Moss QC studied Law at St Catherine's College, Oxford, graduating in 1971. He was called to the Bar in 1974 and appointed Queen's Counsel in 1989. In 1998 he was elected a Bencher of Lincoln's Inn and was authorised to sit as a Deputy High Court Judge in 2001. He is a practising barrister specialising in business and financial law, and in particular insolvency and commercial/company matters. Gabriel Moss has written widely on insolvency and sits on several editorial advisory boards on the subject. Professor Ian Fletcher was appointed to the Chair of Herbert Smith Professor of International Commercial Law at University College London in January 2001. He is a graduate of Cambridge University and was called to the Bar in 1971. He currently practises from South Square Chambers. Professor Fletcher's principal research interests are in the fields of Bankruptcy and Insolvency Law, EC Law, Conflict of Laws and Comparative Law. He has written widely in these areas and sits on the editorial boards of several law journals. Stuart Isaacs QC was educated at The Haberdashers' Aske's School and Downing College, Cambridge. He graduated with a Double First in 1974 and was called to the Bar in 1975. He was appointed Queen's Counsel in 1991, an Assistant Recorder in 1992, and a Recorder in 1997. In 1999 he was elected a Bencher of Lincoln's Inn. Stuart Isaacs has practised in of EU and commercial law and advises various public bodies and organisations on a standing basis on EU law matters.