European cross-border insolvency law (5cr)

Objective

The course provides the students an overall look into the regulation of cross-border insolvency proceedings and enforcement of foreign judgements in Europe. The focus is on regulation 2015/848 on insolvency proceedings and regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Content

Upon completion of the course, the students will:
- recognize the key difficulties of enforcement of foreign judgements.
- be familiar with cross-border insolvency and enforcement regulation in the EU.
- know how a judgement given in one member state is enforced in another member state.
- know the relative benefits and disadvantages of the options for cross-border enforcement.
- be familiar with the procedural safeguards the debtor and the creditor’s have in cross-border enforcement.
- know how collective insolvency proceedings are performed when the debtor has connections to more than one member state.
- know the primary and secondary bankruptcy proceedings in cross-border bankruptcy.
- be familiar with regulation regarding actio pauliana and other auxiliary matters in a cross-border bankruptcy.
- know the powers and duties of court appointed insolvency practitioner in cross-border bankruptcy.
The course does not include civil law view on obligations and debt. The course only addresses civil and commercial matters as laid out in regulation 1215/2012. Tort claims and their enforcement is not addressed. Administrative matters are also excluded.

Materials

Literature: Bork, Reinhard: European Cross-Border Insolvency Law. Oxford University press 2016. ISBN: 9780198729099 Regulation: Regulation (EU) 2015/848 of the European parliament and of the council on insolvency proceedings (recast) Regulation (EU) no 1215/2012 of the European parliament and of the council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) Regulation (EC) No 1896/2006 of the European parliament and of the council creating a European order for payment procedure Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for uncontested claims Regulation (EC) no 861/2007 of the European parliament and of the council establishing a European Small Claims Procedure Regulation (EU) no 655/2014 of the European parliament and of the council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

Execution methods

More accurate instructions are provided during the first lecture of the course. Attendance is mandatory.
The course's examination can be found in Exam-system, though completion of the examination does not yield course credits without performing rest of the course work.

Accomplishment methods

The course consists of lectures, group work, seminar presentations, and written assignments or exam.
The course begins with a lecture on basics of the regulation. During the lecture, the students are divided into groups of at least 3 persons and given a group assignment. They need to write at least a 15-page analysis on some issue, phenomenon or court case that fits the themes of the course. The group then presents their work for the entire course attendance in a seminar. Students are required to comment on other groups’ presentation. After the seminar work the students produce an independent written analysis of no less than 10 pages. The basis of the analysis is on the course reading or other viable source of student’s choosing (subject to permission from teacher). Alternative to the independent written assignment is a written exam on the entire book. The exam can be done at any time during the semester and is available in Exam.
The course is a standalone course catering to both English and Finnish speaking students. The lectures are available only in English. The reading material is available both in Finnish and English, though the English version is recommended as it is more comprehensive. The written assignments can be made in either language as per the student’s choice.
1) Lecture 6 hours (14.–15.3.2022)
2) Group work 15 pages (ca. 5 per student)
3) Seminar presentation in group 30 minutes (31.3.2022)
4) Seminar attendance, observing and commenting on other groups
5) Written analysis 10 pages OR examination