EU JudgeCo Principle 7 - Decision and Reasoned Explanation

7.1. Upon completion of the parties’ presentations relating to the opening of an insolvency case or the granting of recognition or assistance in an international insolvency case, the court should promptly issue its order, decision or judgment.

7.2. In cases where the court decides ex officio regarding the scheduling of proceedings, it should take into consideration parties’ submissions on scheduling; all parties should cooperate and consult with one another concerning the scheduling of proceedings.

7.3. The court may issue an order, decision or judgment orally, which should be set forth in written or transcribed form as soon as possible.

7.4. The order, decision or judgment should identify:

  1. The name of the court and the number of the case;
  2. The name and address (including email address) of the parties and of their counsels;
  3. Any order previously made on any related subject;
  4. The period, if any, for which it will be in force;
  5. Any appointment of an insolvency practitioner and supervisory judge;
  6. Any determination regarding costs;
  7. The issues to be resolved;
  8. The timetable for the relevant stages of the proceedings, including dates and deadlines;
  9. The date showing the place and time of rendering the order, decision or judgment;
  10. The name of the judge(s) involved, and
  11. The possibility of opposition or appeal to the order, decision or judgment and the period in which an opposition or an appeal must be made.

7.5. If the order, decision or judgment is opposed or appealed, the court should set forth the legal and evidentiary grounds for the decision.

7.6. To the maximum extent possible, courts should encourage their orders, decisions or judgments to be published as soon as possible.