Vis attractiva concursus und die Europäische Insolvenzverordnung

Due to the increasing number of cross-border insolvencies, the question of international jurisdiction for individual proceedings is growing in scholarly, practical and economic importance. The European Insolvency Regulation has no explicit provisions for the international jurisdiction for these proceedings, which include the right of rescission in insolvency proceedings, actions for a declaratory judgment on the list of creditor's claims or civil liability actions against managers or shareholders of an insolvent company. Charlotte Willemer explains why, even without an explicit regulation to this effect, international jurisdiction for the opening of insolvency proceedings in accordance with the European Insolvency Regulation also applies to specific actions related to insolvency proceedings ( vis attractiva concursus). She examines those individual proceedings which are covered by this, focusing on the qualification of proceedings which border on corporate law and insolvency law, a subject over which there is a considerable dispute at the moment.