Objective

This seminar will examine practical problems in applying the EU Insolvency Regulation,  concentrating on the relation between insolvency proceedings and third parties’ rights in rem in respect to various assets. Following the wording of the Regulation, holders of security rights such as mortgages or pledges are supposed to be protected against the application of the lex concursus but in legal practice uncertainties prevail.

The seminar will be based on presentations and several cases which have been devised by leading insolvency lawyers especially for this event. The case-study method will be used to highlight controversies and hotly debated issues in the context of the following key topics:
 

• International jurisdiction: recent case law
• Lex concursus: scope of application and exceptions
• Third parties’ rights in rem, reservation of title and charges
• Shares and financial instruments
• Contracts relating to immoveable property

The new EU Insolvency Regulation (EU) No 2015/848, which aims to ameliorate and simplify  international rules on cross-border insolvency, will become applicable after 26 June 2017; it will already now be taken into consideration.

Finally, the seminar will discuss the new EU rules on bank insolvency and in particular the current state of play regarding the transposition of the Bank Recovery and Resolution Directive (BRRD).
 

Who should attend?

Lawyers practising in the field of insolvency law, judges, insolvency administrators, ministry officials, policymakers, academics.