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EU JudgeCo Principle 5 - Case Management

5.1. Actively managing an international insolvency case involves coordination and harmonisation of proceedings with those in other states, except where there are genuine and substantial reasons for doing otherwise and then only to the extent considered to be necessary in the circumstances. Dependent on national law case management is provided by an insolvency practitioner, a court or in a form of cooperation between these two.

5.2. If a court is managing the international insolvency case, it:

  1. Should seek to achieve disposition of the international insolvency case effectively, efficiently and timely, with due regard to the international character of the case;
  2. Should manage the case to the maximum extent possible in consultation with the parties and the insolvency practitioners involved and with other courts involved;
  3. Should determine the sequence in which issues are to be resolved, preferably laid down in an overall schedule for all stages of the proceeding;
  4. May hold status conferences regarding the international insolvency case;
  5. Should arrange for the proper information to the insolvency practitioner and/or the creditors about the coordination and harmonisation of the international insolvency case.

5.3. If an insolvency practitioner is managing the international insolvency case, s/he:

  1. Should seek to achieve disposition of the international insolvency case effectively, efficiently and timely, with due regard to the international character of the case;
  2. Should manage the case in consultation with the parties, the insolvency practitioners and with courts involved;
  3. Shall hold status conferences regarding the international insolvency case;
  4. Should arrange for the determination of the sequence in which issues are to be resolved, preferably laid down in an overall schedule for all stages of the proceeding;
  5. Will inform the court and/or the creditors about the coordination and harmonisation of the international insolvency case.

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