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Philipp M. Reuß
»Forum Shopping« in der Insolvenz
Missbräuchliche Dimension der Wahrnehmung unionsrechtlicher Gestaltungsmöglichkeiten
[Forum Shopping in Insolvency and Abuse of EU Law.]
2011. XXIII, 417 pages. Published in German.
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Summary
Exerting influence on the international jurisdiction of a court (forum shopping) and abuse of law often go hand in hand. Philipp Reuß deals with the admissibility of forum shopping attempts by debtors in cross-border insolvency proceedings. He analyses the theoretical foundations and describes the validity as well as the specific prerequisites of a prohibition of abuse of law principle in European insolvency law; an instrument which (at least partially) can be put in place against structures which are detrimental to the single market.