Примери за използване на Secondary proceedings на Английски и техните преводи на Български
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There are rules on the co-ordination of main and secondary proceedings.
The effects of secondary proceedings are limited to the assets located in that State.
Cooperation between courts will improve the coordination of main and secondary proceedings.
The effects of secondary proceedings are limited to the assets located in that State.
A number of rules of cooperation andcommunication between the actors involved in the main and in the secondary proceedings are also added.
Хората също превеждат
Secondary proceedings may be opened in a Member State where the debtor has an establishment.
The rules contained therein are of a coordinating nature for debtors with assets in different Member States,necessitating the opening of main and secondary proceedings.
The effects of secondary proceedings are limited to the assets located in that State.
Where insolvency proceedings have been opened under paragraph 1,any proceedings opened subsequently under paragraph 2 shall be secondary proceedings.
Secondary proceedings may be opened in the Member State where the debtor has an establishment.
The proposal obliges the court seized with a request to open secondary proceedings to hear the liquidator of the main proceedings prior to taking its decision.
But secondary proceedings can be opened later to liquidate assets in another Member State.
It also considers that it will be required to determine whether the effects of secondary proceedings may extend to the debtor's assets situated outside the European Union.
Secondary proceedings can subsequently be commenced to liquidate an establishment's assets located in another EU Member State.
To protect the diversity of interests, this Regulation permits secondary proceedings to be opened to run in parallel with the main proceedings. .
Secondary proceedings are limited to the debtor's assets in the member state where they are opened.
The referring court states that, in order to rule on the claims before it,it will have to rule first on its jurisdiction to determine the scope of the effects of the secondary proceedings.
This amendment ensures that the opening of secondary proceedings does not automatically thwart the rescue or restructuring of a debtor as a whole.
The proposal introduces an obligation to coordinate insolvency proceedings relating to different members of the same group of companies by obliging the liquidators andthe courts involved to cooperate with each other in a similar way this is proposed in the context of main and secondary proceedings.
Moreover, secondary proceedings currently have to be winding-up proceedings constituting an obstacle to the successful restructuring of a debtor.
Determination of specific situations in which the court seized with a request to open secondary proceedings should be able to postpone or refuse the opening of such proceedings. .
(20) Main insolvency proceedings and secondary proceedings can, however, contribute to the effective realisation of the total assets only if all the concurrent proceedings pending are coordinated.
Following a joint application lodged by NNSA andthe joint administrators, by judgment of 28 May 2009 the referring court opened the secondary proceedings in respect of NNSA and appointed Mr Rogeau as liquidator in those proceedings. .
It is for the court having jurisdiction to open secondary proceedings to have regard to the objectives of the main proceedings and to take account of the scheme of the Regulation, in keeping with the principle of sincere cooperation.
Where assets are subject to rights in rem under the lex situs in one Member State but the main proceedings are being carried out in another Member State,the liquidator in the main proceedings should be able to request the opening of secondary proceedings in the jurisdiction where the rights in rem arise if the debtor has an establishment there.
Increased chances to rescue companies: The new rules avoid secondary proceedings in other Member States being opened, while at the same time guaranteeing the interests of local creditors.
Articles 3(2) and 27 of Council Regulation(EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the courts of the Member State in which secondary insolvency proceedings have been opened have jurisdiction, concurrently with the courts of the Member State in which the main proceedings have been opened,to rule on the determination of the debtor's assets falling within the scope of the effects of those secondary proceedings.
The proposal improves the coordination of main and secondary proceedings by extending the obligation to cooperate, which currently only applies to the liquidators, to the courts involved in the main and secondary proceedings.
The first part of the question relates to the allocation of international jurisdiction between the court hearing the main proceedings and the court hearing the secondary proceedings, while the second part is intended to identify the law applicable when determining the debtor's assets that fall within the scope of the effects of the secondary proceedings.
The liquidators in the main and any secondary proceedings shall lodge in other proceedings claims which have already been lodged in the proceedings for which they were appointed, provided that the interests of creditors in the latter proceedings are served thereby, subject to the right of creditors to oppose that or to withdraw the lodgement of their claims where the law applicable so provides.