WP 6 Rights in rem
This WP deals with the certain issues related to rights in rem within the European Insolvency Regulation recast and, specifically:
- is the rule under art. 8 EIR_R an absolute rule or should it be limited by a stay under art. 38 para 3 of the EIR_R?
- what is the relevance of a stay of opening of a secondary proceeding, when the assertion of the right in rem protected under Article 8 EIR_R is independent from the commencement of an insolvency proceeding?
Following enactment in Member states of the 2019 restructuring Directive, however, certain issues may be worth an exam for a further WP6 report and statement, such as the meaning of a stay or moratorium of individual enforcement actions; the ambit of a stay (does this extend to all or only to certain types of claims, including secured and preferential claims); and the effects of a stay on rights in rem.
Giorgio Corno (acting)
Conferees part of
WP 06 Rights in rem
|Miguel Martínez Muñoz||-|
|Grégory M. D. Minne||-|