Project

EU JudgeCo Platform

At this page you can find materials on court-to-court cooperation and communication in cross-border insolvency cases. This relates in principle to the EU JudgeCo Principles & Guidelines which provide a practical framework for judges to effectively deal with cross-border insolvency cases

Final text of the EU Cross-Border Insolvency Court-to-Court Cooperation Principles

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)

Further materials/literature

Translations

Final Public Draft with Commentary

Other

Background

From january 2013 to december 2014 Professors Bob Wessels (Leiden Law School) and Paul Omar (Nottingham Law School) have developed EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines. During the running of the project Principles for Cooperation ('EU JudgeCo Principles') and Guidelines for Communication ('EU JudgeCo Guidelines') have been drafted and were reviewed extensively by a Review & Advisory Group of over forty experts including judges, practitioners and academics. Subsequently multiple training sessions were organised to discuss the outcomes and further refine them for practical use. For more information on the project, click here.

Online Public Discussion Forum

Cooperation and communication by and between courts in cross-border insolvency cases can be a source of questions and challenges. Below is an online discussion forum to make remarks, pose questions and provide your views on the EU JudgeCo Principles and Guidelines. We welcome your comments! Comments will become publicly visible.

Principles

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 Principle 26 - Apply EU JudgeCo Principles by way of Analogy

Guidelines

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

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