Die deutsche Ausgestaltung des Rechtsbehelfs nach Art. 5 EuInsVO

With the recast of the European Insolvency Regulation, a new remedy was introduced in Art. 5 EuInsVO, the application of which in practice raised several questions and problems in the concrete implementation of the remedy.
The work focuses on the procedural side of the review of the decision to open insolvency proceedings, i.e. on the prerequisites and consequences of contestability. After a review of the European approach, the author provides a comprehensive and critical analysis of the implementation of the remedy in German insolvency law. The work offers solutions for practice and, at the end, submits a well-founded proposal for a new version of Art. 102c § 4 EGInsO.