Annexverfahren bei Internationalen Insolvenzen

Verena Lorenz begins by explaining importantbasic principles of the European Insolvency Regulation and then deals with international jurisdiction for that litigation which can become necessary in the course of insolvency proceedings. These so-called secondary proceedings include for example insolvency avoidance action or civil liability actions against liquidators. It is not certain whether or not the European Insolvency Regulation contains a provision on international jurisdiction for these secondary proceedings. Contrary to the predominant tendency in all the relevant German-speaking literature, the author maintains that the European Insolvency Regulation does in fact regulate secondary proceedings. In her view, the state in which bankruptcy proceedings have been instituted has exclusive jurisdiction not only over the main insolvency proceedings but also over secondary proceedings.