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Presenting a systematic article-by-article commentary on the
European Service Regulation (recast), and written by renowned
experts from several EU Member States, this book gives balanced and
informed guidance for the proper operation of judicial cooperation
in civil and commercial matters within the EU in the field of
cross-border service of documents. First setting out the origins
and evolution of the Regulation, the Commentary proceeds to analyse
in forensic detail the relevant case law of both the European Court
of Justice and national courts on cross-border service. It moreover
points the reader to the pertinent legal scholarship from various
EU jurisdictions, and provides a pathway for solving practical
problems surrounding the service of documents between Member States
of the European Union in civil and commercial proceedings. Key
Features: Systematic article-by-article analysis facilitates
navigation and reference Integration of the relevant case law
ensures a rounded interpretation of the Regulation Practical
approach provides tangible guidance for complex cross-border
proceedings Renowned team of contributors offer clarity and
insight/ Thanks to its in-depth but also practical analysis of each
provision of the Regulation, the Commentary will be a valuable
resource for judges, scholars and students of European procedural
law, as well as for practitioners involved in cross-border civil
and commercial litigation.
Offering a comprehensive commentary on the Brussels I bis
Regulation, chapters outline the origins and evolution of each
article before delving into their interpretation in view of the
case law of the European Court of Justice. Throughout the
Commentary expert contributors provide guidance on this central
instrument in the organization of the European judicial cooperation
in civil and commercial matters. This in-depth, article-by-article
Commentary reflects the status quo of European procedural law in
civil and commercial matters. Its exhaustive evaluation of the
corresponding case law demonstrates key precedents which can be
applied to practical problems in the field related to jurisdiction,
recognition and enforcement of decisions. Written using a clear,
accessible structure, this Commentary will be a key resource for
lawyers, judges and other legal practitioners in finding solutions
to the practical difficulties they meet when dealing with
cross-border disputes. Its detailed critical analysis of the
regulation will also be of benefit to scholars and students of
European procedural law and dispute resolution and arbitration.
Over the course of the last few decades, the European legislature
has adopted a total of 18 Regulations in the area of private
international law, including civil procedure. The resulting
substantial legislative unification has been described as the first
true 'Europeanisation' of private international law, and even as a
kind of 'European Choice of Law Revolution'. However, it remains
largely unclear whether the far-reaching unification of the 'law on
the books' has turned private international law into a truly
European 'law in action': To what extent is European private
international law actually based on uniform European rules common
to all Member States, rather than on state treaties or instruments
of enhanced cooperation? Is the manner in which academics and
practitioners analyse and interpret European private international
law really different from previously existing domestic approaches
to private international law? Or, rather, is the actual application
and interpretation of European private international law still
influenced, or even dominated, by national legal traditions,
leading to a re-fragmentation of a supposedly uniform body of
law?In bringing together academics from all over Europe, How
European is European Private International Law? sets out to answer
for the first time these crucial and interrelated questions. It
sheds light on the conspicuous lack of 'Europeanness' currently
symptomatic of European private international law and discusses how
this body of law can become truly European in character in the
future.
The study is a result of a collaborative research project
addressing "The Implementation of the New Insolvency Regulation -
Improving Cooperation and Mutual Trust". The project was undertaken
by the Max Planck Institute Luxembourg for Procedural Law, the
University of Vienna and the University of Milan, and co-funded by
the European Union as part of the Commission's Action Grants 2013
for Civil Justice. The focus of the study concerns specific issues
of cross-border insolvencies under the recast of the Insolvency
Regulation which already has been prepared by a large part of the
contributing authors in the Heidelberg-Vienna-Luxembourg Report.
The study is comprised of three major topics: 1.The Regulation's
extended scope of application, including pre-insolvency and hybrid
proceedings, the relationship between Article 1(1) of the
Regulation and its Annex A, as well as the interplay between the
Insolvency Regulation and the Brussels Ibis Regulation; 2.the
cooperation between main and secondary insolvency proceedings, the
new instruments, such as "synthetic proceedings", destined to avoid
or postpone the opening of secondary proceedings, further the
cooperation between administrators and courts of different
proceedings as well as protocols to enhance cooperation;
3.insolvencies of groups of companies, with a particular focus on
jurisdiction, COMI-migration, "group coordination proceedings" and
other instruments of coordination.
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