Project

EU JudgeCo Project

Click for more information on:

JTS-Banner.png

JTS Materials Banner.png

RPG-Banner.png

Background of the project

To improve cooperation between courts in different Member States in these cases, Leiden Law School and Nottingham Law School have been working on what is called the ‘EU Cross-Border Insolvency Court-to-Court Cooperation Principles’ (‘JudgeCo Project’). The project is initiated and co-funded funded by the European Union and the International Insolvency Institute (III). It is a part of a larger EU initiative called “European Cross-border Insolvency: Promoting Judicial Cooperation”. This initiative is being promoted by the European Commission's Directorate General on Justice. Further funding has come from the EU's Civil Justice Programme, which aims to strengthen freedom, security and justice in the European area, and the International Insolvency Institute established in Toronto (Canada). The EU JudgeCo Principles and Guidelines will have the character of non-binding recommendations and will be developed for application in cross-border communication and cooperation in insolvency cases between courts within the European Union.

The EU JudgeCo Principles and Guidelines will further research developments on judicial cooperation in insolvency principles in general and, specifically, in court-to-court communication and coordination matters. The need for this development within the context of the European Union is clear: the Recast of the the Insolvency Regulation ('EIR'), emphasising court-to-court cooperation, calls for a more concrete and detailed approach to judicial cross-border cooperation (recital 45 and Articles 41-44 and 56-59 EIR Recast).

Project outline

The project will be carried out in gradual stages. The first work stream (January 2013-September 2013) focused on developing a draft text of EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines. Two surveys have been developed and sent out to a representative group of some forty experts – insolvency judges, senior insolvency court representatives, insolvency lawyers/trustees/ practitioners, academics – located in the majority of EU Member States and some five non-EU jurisdictions. Based on further analysis and discussion the draft Principles and Guidelines are reviewed by a Review & Advisory Group of some forty insolvency experts, including twenty judges. Subsequently, the EU JudgeCo Principles and Guidelines were made available as Public Draft to the general public, whereby everyone with an interest in it was invited to sent in considerations and comments.

Training session for judges

After the Principles and Guidelines had been drafted and renewed, the Reporters will subsequently provide training for selected judges, court staff and legal practitioners. These training sessions enable judges to test the EU Cross-Border Insolvency Court-to-Court Cooperation Principles and provide comments as to their usefulness in practice. Also, it allows judges to enlarge their European network and to discuss other pending issues with colleagues. Click here for more information.

Downloads

Click here to download the EU Cross-Border Insolvency Court-to-Court Cooperation Principles
(comprising the EU JudgeCo Principles on cooperation and the EU JudgeCo Guidelines on communications)

The book including the 26 EU JudgeCo Principles and 18 EU JudgeCo Guidelines, including extensive commentary can be ordered here.

The project is coordinated by professors Bob Wessels (Leiden Law School) & Paul Omar (Nottingham Law School), and directed by Dr. Bernard Santen and Gert-Jan Boon. The Reporters can be contacted via judgeco@law.leidenuniv.nl.

 

Co-funded by the
Civil Justice Programme
of the European Union
 

Co-funded by the
International Insolvency Institute

 

 

 

Articles

EU JudgeCo Principle 26 - Apply EU JudgeCo Principles by way of Analogy

EU JudgeCo Principle 1 - International Status

EU JudgeCo Principle 2 - Public Policy

EU JudgeCo Principle 3 - Overriding Objective

EU JudgeCo Principle 4 - Aim

EU JudgeCo Principle 5 - Case Management

EU JudgeCo Principle 6 - Equality of Arms

EU JudgeCo Principle 7 - Decision and Reasoned Explanation

EU JudgeCo Principle 8 - Stay or Moratorium

EU JudgeCo Principle 9 - Reconciliation of Stays or Moratoriums in Parallel Proceedings

EU JudgeCo Principle 10 - Non-Discriminatory Treatment

EU JudgeCo Principle 11 - Modification of Recognition

EU JudgeCo Principle 12 - Abusive or Superfluous Filings

EU JudgeCo Principle 13 - Court Access

EU JudgeCo Principle 14 - Language

EU JudgeCo Principle 15 - Authentication

EU JudgeCo Principle 16 - Communications between Courts

EU JudgeCo Principle 17 - Independent Intermediary

EU JudgeCo Principle 18 - Notice to Creditors

EU JudgeCo Principle 19 - Coordination

EU JudgeCo Principle 20 - Notice to Insolvency Practitioners

EU JudgeCo Principle 21 - Cross-Border Sales

EU JudgeCo Principle 22 - Assistance to Reorganisation

EU JudgeCo Principle 23 - Post-Insolvency Financing

EU JudgeCo Principle 24 - Plan Binding on Participant

EU JudgeCo Principle 25 - Plan Binding: Personal Jurisdiction

EU JudgeCo Guideline 1 - Overriding Objective

EU JudgeCo Guideline 2 - Consistency with Procedural Law

EU JudgeCo Guideline 3 - Court-to-Court Communication

EU JudgeCo Guideline 4 - Court to Insolvency Practitioner Communication

EU JudgeCo Guideline 5 - Insolvency Practitioner to Foreign Court Communication

EU JudgeCo Guideline 6 - Receiving and Handling Communication

EU JudgeCo Guideline 7 - Methods of Communication

EU JudgeCo Guideline 8 - Court-to-Court E-Communication

EU JudgeCo Guideline 9 - E-Communication to Foreign Insolvency Practitioner or Foreign Court Representative

EU JudgeCo Guideline 10 - Joint Hearing

EU JudgeCo Guideline 11 - Authentication of Regulations

EU JudgeCo Guideline 12 - Orders

EU JudgeCo Guideline 13 - Service List

EU JudgeCo Guideline 14 - Limited Appearance in Court

EU JudgeCo Guideline 15 - Applications and Motions

EU JudgeCo Guideline 16 - Coordination of Proceedings

EU JudgeCo Guideline 17 - Directions

EU JudgeCo Guideline 18 - Powers of the Court

Training Materials

Below you will find an overview of all the training materials for the JudgeCo Judicial Training Session.

Judicial Training Sessions

As of October 2014 training sessions will take place in several cities across Europe. Judges deciding on matters of insolvency are offered the chance to participate in a two-day interactive training.