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EC Regulation on Insolvency meaning

What does EC Regulation on Insolvency mean?
A practitioner’s shorthand for the original EU framework governing cross‑border insolvency within Member States. It set the jurisdictional test by a debtor’s centre of main interests (COMI), distinguished main and secondary insolvency proceedings, and provided rules on automatic recognition, applicable law, and cooperation between courts and insolvency office‑holders across the EU. It is a legislative term: Council Regulation (EC) No 1346/2000 on insolvency proceedings, adopted in 2000 and applied from 31 May 2002. It was repealed and replaced by the Recast Insolvency Regulation, Regulation (EU) 2015/848, which has applied since 26 June 2017. Usage and status: - England & Wales, Scotland and Northern Ireland: the (Recast) EU Insolvency Regulation applied while the UK was an EU Member State. Under the Withdrawal Agreement it continues to govern recognition, jurisdiction and cooperation for proceedings opened before 31 December 2020. It does not apply to new UK–EU cases opened after that date; recognition now depends on the Cross‑Border Insolvency Regulations 2006 (Model Law), common law and other regimes. - Ireland: the Recast Insolvency Regulation continues to apply in full. The term remains common in case law and practice for legacy matters involving COMI, main/secondary proceedings and EU recognition.
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NEWS
EU legal developments for UK lawyers: GDPR fines, MiCA/ESG, DSA enforcement, packaging waste reform, product safety, Schengen changes, energy, trade, insolvency harmonisation and IP—19 December 2024

In this issue: EU fundamentals Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Latest Q&A EU Law Highlights 2024/2025 EU fundamentals European Commission releases December 2024 infringement package The European Commission has unveiled its December 2024 infringement package, identifying the Member States facing action for breaches of obligations under EU law. The notice outlines where obligations have not been met. This round includes letters of formal notice to Sweden over non-compliance with Directive 2000/60/EC (the Water Framework Directive), and to Bulgaria for breaches of Directive 2014/24/EU on public procurement, as well as the Digital Services Act. Reasoned opinions were also addressed to Poland concerning Directive 2006/7/EC (the Bathing Water Directive); to Croatia, Poland, Slovenia and Sweden for not transposing...

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View the related Practice Notes about EC Regulation on Insolvency

PRACTICE NOTES
European Companies (Societas Europaea): EU framework, formation routes, one‑tier/two‑tier governance, capital and shareholder meetings, employee involvement, and cross‑border registered office transfers, with post‑Brexit UK implications

This Practice Note gives an overview of the European company, Societas Europaea, or ‘SE’. It outlines how SEs are set up and run, their head office, share capital and shareholders, arrangements for employee participation, and the mechanism for shifting a head office from one Member State to another. What is a European company? A European company, also called a Societas Europaea (SE), is a corporate body that can be created within the EU. Once entered on the register in the Member State where its principal office sits, an SE enjoys recognition across Europe and holds its own separate legal personality. What is a head office? ‘Head office’ is not defined in EU legislation. The meaning of ‘head office’ was examined in the setting of Regulation (EC) 1346/2000 on insolvency proceedings (now no longer in force) in the Opinion of Advocate General Jacobs delivered on 27 September 2005 in Case C‑341/04, Eurofood IFSC (paragraphs 106–126 and 152(3)). An SE is a public limited liability company regulated...

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PRACTICE NOTES
2019 civil litigation appeals tracker: key UK appellate courts and CJEU decisions, plus forthcoming appeals

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

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PRACTICE NOTES
UK post-Brexit cross-border insolvency: jurisdiction, loss of EU automatic recognition, saving provisions, and alternatives for inbound/outbound recognition (CBIR, comity, IA 1986 s 426, Rome I, Hague)

Status of the UK This material is archived and is not being updated. From exit day (31 January 2020), the UK ceased to be an EU Member State and, in line with the Withdrawal Agreement, entered an implementation phase during which EU law continued to apply. Citations to exit day in numerous Brexit SIs should be interpreted as referring to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm), unless the relevant SI expressly disapplies that reading. For more detail, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers, and Brexit Bulletin—key updates, research tips and resources. We consider certain matters for R&I practitioners and professionals, in particular concerning (i) Regulation (EU) 2015/848 (OJ L141/19), the Recast Regulation on Insolvency [EU Recast Regulation on Insolvency], and (ii) the Retained Regulation (EU) 2015/848 [Retained Recast Regulation on Insolvency]...

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UK PARLIAMENT ACTS
436 Expressions used generally

[(1)]     In this Act, except in so far as the context otherwise requires (and subject to Parts VII and XI)—“the appointed day” means the day on which this Act comes into force under section 443;“associate” has the meaning given by section 435;[“body corporate” includes a body incorporated outside Great Britain, but does not include—(a)     a corporation sole, or(b)     a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed;]“business” includes a trade or profession;. . .[“the Companies Acts” means the Companies Acts (as defined in section 2 of the Companies Act 2006) as they have effect in Great Britain;]“conditional sale agreement” and “h