| Abstract [eng] |
Jurisdiction rules for cross-border bancruptcy or restructuring proceedings that are embodied in Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings are discussed in this doctoral dissertation. This analysis covers overview of possible models of regulating jurisdiction in insolvency proceedings, including description of the model that was chosen in the Regulation, and, the most important, a comprehensive analysis of each cross-border jurisdiction provision, its content and scope of application. Determining of cross-border jurisdiction for main and territorial bancruptcy or restructuring proceedings are discussed separately by explaining, how a state, where courts have jurisdiction to open insolvency proceedings, must be determined, what obligations and competence have courts, when deciding on cross-border jurisdiction in the process of opening insolvency proceedings. Much attention is given to discuss hypothetical problematic situations, to suggest possible solutions for it. National case-law is sometimes used as illustrating examples. It is also aimed to disclose the real intentions of drafters - what meaning each cross-border jurisdiction provision when drafting Regulation was meant to carry. Lithuanian and foreign doctrine on the subject is reviewed, related case-law of European Union Court of Justice is presented as well in this doctoral dissertation. |
