Abstrakt
The activities of undertakings have more and more cross-border effects. The proper functioning of the internal market requires that cross-border insolvency proceedings should operate efficiently and effectively.
The submitted paper tries to find out most problematic issues during insolvency proceedings with international element. The Insolvency Regulation s includes provisions governing jurisdiction for opening insolvency proceedings and actions which are directly derived from insolvency proceedings and are closely linked with them, but there are many other questions, which are not directly derived from insolvency proceeding and which are governed for example by lex societatis.
In spite of some preliminary reference rullings by the Court of Justice, the demarcation between lex societatis and the lex concursus remains uncertain.