5-6 FEBRUARY 2015

The new Regulation on Transnational Insolvency

Thursday 5th February 2015
International Conference in French and English

The Commission, the Council and the Parliament agree to review the Regulation No 1346/2000, but their positions remain divergent on certain key points.

The authors come from the academic world and the practice. The panel includes speakers from France, Belgium, Luxemburg, Netherlands, Poland, Britain and Germany as well as other nationalities who could contribute to written texts. Authors from Greece and Spain are expected as well.

The speaker will take the initiative of a consolidated text examining the practice and the solution retained in the Regulation No 1346/2000, the proposition of the Commission and the Parlialment’s one in order to formulate criticisms, remarks and suggestions useful for the three Institutions which will have to reach an agreement in 2015.

Every speaker will present his topic with practical points of view from his jurisdiction. Since the time of a day doesn’t allow to deal with all the themes, the topics not listed in the programme could be the object of a written contribution.

The volume of +/- 250 pages will therefore contain a synthesis of the applicable law, national rulings as well as CJEU-decisions on questions raised in practice in order to inform practitioners (lawyers, judges and syndics) but also to contribute to the debate that will take place after the adoption of the Regulation.

It will examine the suggestions of the judges, banks, companies, lawyers, trustees and representative associations (INSOL Europe, CNAJMJ,…). It will provide them with practical tools when being confronted to these practical situations. On the scientific level it will serve as a standard critique to the text which will probably be adopted before June 2015 .


Morning Chairman: Yves Brulard

09:00 – 09:15Reception speech
From Chairman Yves BRULARD – IIC, Lawyer at DBB Brussels, private expert of the European Commission, lecturer at Cefiad (UCL Mons)

09:15 – 09:40State of the procedure of the adoption of the new regulation 1346/2000
By Vanessa MARQUETTE – Lecturer at ULB; Simont & Braun, Brussels

  1. Recall of the content of the proposition of the commission
  2. Resolution of the Parliament
  3. Adoption process
  4. Main novelties

09:40 – 10:10The procedures concerned by the new Regulation
Jean Luc VALLENS – Judge at the court of appeal of Colmar, Professor at University of Strasbourg and private expert of the commission

  1. Out of the court procedures and debtors in possession
  2. Provisional procedures
  3. Debt ajustment or insolvency
  4. Insolvency procedures concerned: list and criterions

10:10 – 10:40The COMI
Caroline HENRY – Professor at the University of Nice

  1. Criterions of localisation
  2. Change of COMI
  3. Official examination of COMI by trustees and creditors

10:40 – 11:00Coffee break

11:00 – 11:25The groups
Michal BARLOWSKI – Lawyer in Warsaw, private expert for the Commission

  1. Definition of a group and the company exercising essential functions
  2. Companies concerned in a group
  3. The procedure of coordination in a group
  4. Suspension of procedures concerning companies in a group

11:25 – 11:50The principal Procedure: Innovation and changes
Ivo WILLRODT – Lawyer in Munich, Partner of law firm PLUTA Rechtsanwalts GmbH

  1. Reinforced universalism
  2. Involvement of the principal trustee towards local creditors

11:50 – 12:30Debate and Questions

12:30 – 14:00LUNCH

Afternoon Chairman: Michel MENJUCQ

14:00 – 14:40The Secondary procedure
Patrick WAUTELET – Professor at the University of Liège
Charles-Antoine LEUNEN – Partner, Linklaters LLP

  1. Notion of establishment
  2. Procedure of opening of a secondary procedure
  3. Synthetic secondary procedure
  4. Suspension of procedure

14:40 – 15:20Cooperation between juridictions
Michel MENJUCQ – Professor at University of Paris I – Panthéon-Sorbonne

  1. Between jurisdiction of the same group.
  2. Between principal and secondary jurisdictions

15:20 – 15:40Coffee break

15:40 – 16:20Compensation and agreements on compensation
David ROBINE – Professor of the University of Paris West

  1. Compensation
  2. The agreements on compensation

16:20 – 17:00Real security rights in the light of the regulation
Grégory MINNE – Partner, Arendt & Medernach
Pablo RODRÍGUEZ – Senior Associate, Cuatrecasas, Gonçalves Pereira

17:00 – 17:30Debate and Questions