2017-07-doc3 Does District Court Midden-Nederland lead the way?

District Court Midden-Nederland seems the first court in a EU Member State to disclose that it is open for cross-border communication and cooperation in insolvency cases under the aegis of the EU Insolvency Regulation (recast), see https://www.rechtspraak.nl/English/Pages/International-Insolvency.aspx). The site starts with the following introduction, thereby setting a great example for courts in other Member States to follow:
‘On 26 June 2017 the Insolvency Regulation (recast) (Regulation 2015/848) has entered into force. Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (“EIR”) is repealed. In the Insolvency Regulation (recast) (or “EIR recast”) articles 42 and 43 state that courts and insolvency practitioners shall cooperate with each other. This website provides the means for concrete cross-border cooperation and communication between courts and insolvency practitioners.

In article 42 and 43 of the EIR recast, it is stated that cooperation and communication between courts and between courts and insolvency practitioners shall take place to the extent such cooperation is not incompatible with the rules applicable to the respective proceedings. This means that, whenever a request is made via this website, the court is limited by national legislation, for example, legislation relating to the protection of computerised personal data.

As recital 48 to the EIR recast indicates, communication and cooperation with courts in The Netherlands takes into account best practices for cooperation in cross-border insolvency cases, as set out in principles and guidelines on communication and cooperation adopted by European and international associations active in the area of insolvency law, and in particular the relevant guidelines prepared by UNCITRAL. For the European Union best practices have resulted in EU Cross-border Insolvency Court-to-Court Cooperation Principles and Guidelines (also “JudgeCo” Principles and Guidelines, available via http://www.tri-leiden.eu/uploads/files/eu-cross-border-insolvency-court-to-court-cooperation-principlespdf.pdf.

Other member state’s courts, insolvency practitioners and government organizations dealing with insolvencies can make inquiries on communication and cooperation in insolvency proceedings via: Insolventie.RB-MNL.Utrecht@rechtspraak.nl.’

 

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