PREFACE

This b o o k presents an analysis ot European cross-border insolvency regulation. In any

such work Council Regulation 1346/2000 on Insolvency Proceedings must take centre

stage. However, although this book includes a detailed discussion of the Regulation

it is not so limited and also seeks to understand the Regulation in a wider context.

With its reliance on cooperation between a plurality of main and secondary proceedings,

the Regulation follows a paradigmatic shift at the global level. The principles of

universality and territoriality have lost much of their ground. Modern approaches,

such as the U N O T R A I . Model Law, are about establishing frameworks inducing States

to cooperate but equally allowing them to adjust the level of cooperation to what they

see as necessary and possible while respecting the overall legal standards and principles

of their legal systems. Viewing the Regulation against the backdrop of these modern

approaches highlights the significance, efficacy as well as weaknesses ot the Regulation's

cooperative features.

In this book European cross-border insolvency regulation is also tied in with the wider

debate on the relationship between Community law and the private international laws

of the Member States. Community law should be taken seriously, also in this particular

f i e ld of law. The law of the freedoms and the general principles of Community law

should provide guidance for the courts in the interpretation and application of the

Regulation and may support and reinforce its cooperative framework.

Much of this work i s based on my doctoral thesis defended at the Furopean University

Institute in Florence, Italy. Though the writing of a thesis may in many ways be a solitary

process, clearly this b o o k did not come about without the help of many. I should

therefore take the opportunity to thank some these people in particular, trusting that

those I do not mention by name know they made invaluable contributions in oneway

or another.

Above all I must thank my supervisor P r o f Chr. Joerges who made me aware of many

issues which I initially did not consider or forced me to reconsider those I took tor

granted. His kind support has made a real difference. I would also like to thank the

members my jury, Prof. I. Fletcher, Prof. M. Moreau and Prof. P. von Wilmowsky for

their willingness to read and comment upon my manuscript. Many and special thanks

are also due Dimitry Aertssen, Steven Bartels and Ellen Vos, who have provided me

Intersentia V

with invaluable feedback. I anny, Lucy, Ad, Ide, Alison, Beatrijs, Michel, Rory, Karen,

Bart, Marc, Antenor and Francoisc I owe much for their friendship through the years.

Without the support of mv parents and brother there would not have been a book at

all.

Jona Israel

Maastricht, August 2005