The European Insolvency Regulation as an Instrument of EU Private International Law

The EIRR and its predecessor, the EIR, are fully part of EU secondary rules on insolvency, but they are also deeply rooted in the system of EU private international law, that is comprised of many regulations. After recalling the numerous acts adopted in the field of insolvency law, this contribution first analyses through the CJEU’s case-law the respect of general principles of EU law, namely free movement of natural and legal persons. It then examines how and to what extent the two Insolvency Regulations interact with the other instruments adopted in the area of private international law, not only for purposes of interpretation and characterisation of the terms and concepts used, but also for defining the respective scope of application, in particular with regard to the Brussels I Regulation (Regulation No 1215/2012). Finally, “internationality” as a pre-condition for applying the EIRR is addressed.