UZNANIE ZAGRANICZNYCH POSTĘPOWAŃ UPADŁOŚCIOWYCH W PRAWIE EUROPEJSKIM

Abstract

First, the paper presents the manner in which bankruptcy proceedings have been regulated in European law. Further, proceedings classified in European law as bankruptcy proceedings are discussed. Pursuant to EU Regulation No 1346/2000 of 29 May 2000, bankruptcy proceedings instigated in one member state are, by operation of law, subject to recognition in the other member states. The paper analyses the legal consequences of such recognition as well as possible instances of a refusal of recognition of either the foreign bankruptcy proceedings or the very proceedings themselves.