BALKAYA, Duru London Book Fair (LBF), Turkey

Les Stratégies Des Créanciers Dans Le Cadre Des Groupes Européens De Sociétés En Difficulté

20802

The law governing insolvency proceedings and their effects according to the rules of private international law shall be that of the member state under the jurisdiction of which such proceedings are initiated, unless it is decided otherwise. Thus, in international commercial affairs, determining the law applicable to insolvency demand of legal entity in debt especially when it is a member of an international group companies is important. The insolvency of international groups of companies is still a matter of debate both academically and in practice. Therefore, the rules pertaining to insolvency cannot be uniformed through international conventions. Even the European Union (EU) Council Regulation (EC) No 1346/2000 of 29 May2000 remains silent in respect of insolvency of parent and affiliate companies incorporated in different member states, although the courts of certain member states apply this Regulation to insolvency of EU group companies. In this light, this article examines “Creditors’strategy in theinsolvency of the EU Groups Companies”. It discusses particularly the proceedings where the centre of the debtor’s main interests is located in the European Union. International group companies incorporated in member states and any other international group companies do not fall within the ambit of this article.

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international insolvency , group companies , parent company , affiliate company , Council Regulation (EC) No 1346 , 2000 , secondary proceedings.

Hukuk Araştırmaları Dergisi

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