WP 6 Rights in rem
Introduction
This Working Party deals with certain issues related to rights in rem within the European Insolvency Regulation (recast) (EIR 2015), specifically:
- 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?
- 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.
Chairs
Sarah Wolffe
Giorgio Corno (acting)
Members part of
WP 06 Rights in rem
| Stefania Bariatti | Academic Conferee (Italy) |
| Michal Barlowski | Ordinary Conferee (Poland) |
| Reinhard Bork | Academic Conferee (Germany) |
| Pavel Boulatov | Ordinary Conferee (Russia) |
| Barry Cahir | Ordinary Conferee (Ireland) |
| Giorgio Corno | Co-Chair/Ordinary Conferee (Italy) |
| Roel Fransis | Ordinary Conferee (Belgium) |
| Jasnica Garašić | Academic Conferee (Croatia) |
| Francisco Garcimartin | Academic Conferee (Spain) |
| Bartosz Groele | Ordinary Conferee (Poland) |
| Line Langkjaer | Academic Conferee (Denmark) |
| Antonio Leandro | Academic Conferee (Italy) |
| Miguel Martínez Muñoz | Academic Conferee (Spain) |
| Göran Millqvist | Academic Conferee (Sweden) |
| Grégory M. D. Minne | Ordinary Conferee (Luxembourg) |
| Paula Moffatt | Academic Conferee (United Kingdom) |
| Gabriella Pataki | Ordinary Conferee (Hungary) |
| Omar Salah | Ordinary Conferee (Netherlands) |
| Catarina Serra | Judicial Conferee (Portugal) |
| Dominik Skauradszun | Academic Conferee (Germany) |
| Petr Sprinz | Ordinary Conferee (Czechia) |
| Michael Veder | Academic Conferee (Netherlands) |
| Sarah Wolffe | Co-Chair/Judicial Conferee (Scotland) |
| Annemari Õunpuu | Ordinary Conferee (Estonia) |