Priznanje in izvršitev odločb v čezmejnih postopkih zaradi insolventnosti

slovenian

2014

volume 69, issue 11/12

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

Council Regulation (EC) no. 1346/2000 of 29 May 2000 on insolvency proceedings is applicable to insolvency proceedings having cross-border effects, i.e. if the debtor (natural or legal person) has assets or creditors in at least two different Member States. Insolvency proceedings are defined by the Regulation as proceedings which entail a partial or total divestment of a debtor`s assets and an appointment of a liquidator (general clause). As a secondary legal act of the EU the Regulation is directly applicable in all Member States, and specifically provides in particular which court shall have jurisdiction to open insolvency proceedings, the law applicable and the rules used for the coordination of the main and territorial insolvency proceedings. The main insolvency proceedings shall be conducted in the EU Member State in the territory of which there is the centre of the debtor%s main interests. A legal person shall be presumed to have the centre of its main interests where it has its registered office, and a natural person shall be presumed to have the centre of main interests where he resides. If, however, the debtor also has a place of business (subsidiary) or assets in the territory of another Member State, specific territorial insolvency proceedings may be initiated in that Member State. Although the Regulation has been adopted with a view to ensure the proper functioning of the internal market and to increase the efficiency of cross-border proceedings, certain practical procedural issues have not been addressed, which is why the Regulation still does not provide for adequate protection against the occurrence of forum shopping. The contribution in detail presents the process of recognition of judgments in insolvency proceedings under the provisions of the Regulation and the provisions of Private International Law and Procedure Act and Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act, and also provides for specific proposals for the amendments of the Regulation that should be adopted.

20.01.2017