Scope of application

Bob Wessels and Defne Taşman

Chapter 4 in The European Insolvency Regulation, 2026, pp 22-31 from Edward Elgar Publishing

Abstract: The scope of the EIR determines which proceedings, persons and situations fall within its purview, and how it interacts with other EU instruments. The EIR only covers actions that derive directly from and are closely connected with insolvency proceedings. The EIR applies to public collective proceedings under insolvency laws, referring to procedures listed in its Annex A. Geographically, and as a regulation, it is directly applicable in all EU Member States (except Denmark) without the need for national transposition. It aims to regulate the intra-EU effects of insolvency proceedings, describing how they are recognised and coordinated. Concerning third countries, it applies not only to proceedings concerning debtors whose COMI lies within the EU, but also when related actions concern persons or assets located elsewhere. It applies to both natural and legal persons, excluding some financial entities. Temporally, EIR 2015 applies to proceedings opened after 26 June 2017.

Keywords: EIR 2015 Annex A; Personal Scope; Substantial Scope; Applicability; Debtor; COMI Location; Geographical Scope; Third Countries (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035396436
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