Search results for " 2015"

Arts. 34-40 EIR

2016

The comments on Arts. 34-40 of EU Regulation 2015/848 deal with opening of secondary insolvency proceedings. These comments systematically tackle the prerequisites required for the opening of secondary insolvency proceedings, the relationship between main and secondary proceedings and the duties of cooperation that are put on the courts and the insolvency practitioners of both main and secondary proceedings. A particular attention is devoted to the introduction of the so-called “Undertaking to Avoid the Opening of Secondary Insolvency Proceedings” (Art. 36).

From ‘prisoner’s dilemma’ to reluctance to use judicial discretion: the enemies of cooperation in European cross-border cases – the situation of Ital…

2017

This text analysis both how Italian courts cooperated in European cross-border insolvency law cases, and how Regulation 848/2015 (Recast) could make cooperation in future cases smoother. Additional comments on the new prescriptions are also provided for.

From ‘Prisoner's Dilemma’ to Reluctance to Use Judicial Discretion: The Enemies of Cooperation in European Cross-Border Cases

2017

The paper deals with cooperation in European cross-border cases. Two main ideas are put forward. The first idea is that cooperation requires a legal framework which is certain—otherwise, prescriptions imposing duties of cooperation and communication might produce ‘prisoner’s dilemmas’ and, paradoxically, an unwillingness to cooperate. The second idea is that prescriptions imposing duties of cooperation and communication have an intrinsic open texture—this characteristic ontologically requires courts and insolvency practitioners to make choices between different rulings and activities. These findings imply that, while interventions, both at European level and at national level, aiming at mak…

Zvaigžņotā Debess: 2015, Vasara (228)

2015

Latvijas Universitāte

The Puzzle of the New European COMI Rules: Rethinking COMI in the Age of Multinational, Digital and Glocal Enterprises

2019

EU Regulation 2015/848 (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI) both to make it easier to determine international jurisdiction and to prevent a debtor from fraudulently relocating his/her/its COMI from one Member State to another. However, the terms of the litigation concerning the NIKI case and an in-depth analysis of the Recast demonstrate that this operation has been unsuccessful. This paper argues: first, that the new COMI rules contain logical and teleological flaws; secondly, that the prerequisite that the COMI ‘shall be the place […] which is ascertainable by third parties’ is a duplicate of the prerequisite ‘on a regular basis’; thirdly, that th…

Le criticità del post, il caso EXPO 2015

2016

A pochissimo tempo dalla chiusura di Expo Milano 2015 vi è ancora un grosso interrogativo su ciò che avverrà nell’area dell’esposizione una volta conclusi i lavori di smantellamento dell’evento. L’incertezza e l’immobilità delle istituzioni, che tanto hanno spinto affinché la manifestazione riuscisse nelle sue fasi iniziali, certamente non contribuiscono a smorzare le perplessità crescenti. Se a quanto detto vengono sommati i numerosi scandali nelle fasi iniziali della manifestazione si può capire come le preoccupazioni per la riqualificazione dell’area Expo siano molte e giustificate. Queste si fondano sulla consapevolezza che il non aver previsto per tempo il destino dell’Esposizione sia …

The challenge for equity and excellence: Evidence for future successful action in bilingual Finland

2018

In 2013, the authors prepared a report on educational excellence and equity in Finland based on PISA 2009 data and asked the question “Could Finland achieve both excellence and equality goals in the coming decade? Five years later, this report re-examines the challenge faced by Finland in light of recent PISA results. The Finnish school system, both the Finnish and Swedish speaking components, have consistently ranked at the top of the list of OECD countries. However, Finland’s performance has been dropping compared to previous years, while it failed to keep pace with performance improvements in other countries. Simply working harder along the same path will no longer work. Therefore, this …

High significance measurement of the terrestrial neutrino flux with the Borexino detector

2015

International audience; We review the geoneutrino measurement with Borexino from 2056 days of data taking.

Escuchar colores y formas

2015

European Cross-Border Insolvency Law

2022

The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/200…