WP 6 Rights in rem


This Working Party deals with certain issues related to rights in rem within the European Insolvency Regulation (recast) (EIR 2015), specifically:

  1. Is the rule under Article 8 EIR 2015 an absolute rule or should it be limited by a stay under Article 38(3) EIR 2015?
  2. 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 2015 independent from the commencement of an insolvency proceeding?

Following enactment in EU Member states of the 2019 EU Preventive Restructuring Directive (PRD 2019), however, certain issues may be worth a further examination in light of rights in rem. This may regard 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 what are the effects of a stay on rights in rem.


Sarah Wolffe
Giorgio Corno (acting)

Members part of

WP 06 Rights in rem

Stefania Bariatti Academic Conferee
Michal Barlowski Ordinary Conferee
Reinhard Bork Academic Conferee
Pavel Boulatov Ordinary Conferee
Barry Cahir Ordinary Conferee
Giorgio Corno Co-Chair/Ordinary Conferee
Roel Fransis Ordinary Conferee
Jasnica Garašić Academic Conferee
Francisco Garcimartin Academic Conferee
Bartosz Groele Ordinary Conferee
Line Langkjaer Academic Conferee
Antonio Leandro Academic Conferee
Miguel Martínez Muñoz Academic Conferee
Göran Millqvist Academic Conferee
Grégory M. D. Minne Ordinary Conferee
Paula Moffatt Academic Conferee
Gabriella Pataki Ordinary Conferee
Omar Salah Ordinary Conferee
Catarina Serra Judicial Conferee
Dominik Skauradszun Academic Conferee
Petr Sprinz Ordinary Conferee
Michael Veder Academic Conferee
Sarah Wolffe Co-Chair/Judicial Conferee
Annemari Õunpuu Ordinary Conferee