CYIL vol. 11 (2020)

CYIL 11 (2020) THE WITHDRAWAL ACT OF 2018 AND THE EUROPEAN JUDICIAL AREA … a European order for payment procedure and Regulation 861/2007 38 establishing a European Small Claims Procedure. Again, the failure to maintain these procedures, designed to simplify the administration of justice in relation to disputes of a relatively simple international nature or of reduced economic consistency, is due to the fact that the United Kingdom believes that it is not appropriate to do them operate in the absence of reciprocity. Also Regulation 1393/2007 39 , relating to the notification and communication in the Member States of judicial and extrajudicial documents in civil or commercial matters, and Regulation 1206/2001 40 , relating to cooperation between the judicial authorities of the Member States in the field of recruitment evidence in civil or commercial matters, are revoked by the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018 41 , together with similar rules operating against Denmark: The reason is, once again, the disappearance of the condition of reciprocity which is a prerequisite for the functioning of these instruments. 5. (Follows): Cross-border insolvency proceedings Not even the European Regulation 2015/848 42 . During the period of this discipline in the country, the United Kingdom even deserved the name of “Insolvency brothel of Europe” Mahverfahren’, (2014), 24 RDPUE . BOBEK, M. Central European judges under the European influence. The transformative power of the EU revisited , (Hart Publishing, Oxford & Oregon, Portland, 2015) 234ss. GRUBER, P. ‘Die Nichtgerklärung eines europäischen Zahlungsbbefehls’, (2016), 13 (1) ZPEU 153ss. JELINEK, W. ZANGL, S., JAUFER, C. Insolvenzordnung , (Manz Verlag, Wien, 2017). 38 Regulation (EU) 2015/2421 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No 861/2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 creating a European order for payment procedure, OJ L 341, 24 December 2015, pp. 1-13. CORTÈS, P. ‘Does the proposed European procedure enhance the resolution of small claims?’, (2008), 27 (1) CJQ 94ss. WILMANI, F. Private enforcement of European Union law before national courts. The European Union legislative framework , (Edward Elgar Publishers, Cheltenham, 2015). MŚĆENIĆ, E., RACCAH, A. Legal risks in European Union law. Interdisciplinary studies on legal risk management and better regulation in Europe , (ed. Springer, Berlin, 2016) 80ss. 39 Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of Judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000, OJ L 324, 10.12.2007, pp. 79-120), when the defendant had made aware of the decision only after the expiry of the deadline established under the Regulation to request the removal of the foreclosure. LIAKOPOULOS, D. ‘Protection of human rights between European Court of Human Rights and Court of European Union’, (2015) INTEULM . 40 Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, OJ L 174, 27.6.2001, pp. 1-24, not expressly qualified as an instrument of an optional nature, even if the CJEU considered that the judge can choose to cite a witness before him/herself, without applying the Regulation. CREMONA, M. MICKLITZ , H.W. Private law in the external relations of the European Union , (Oxford University Press, Oxford, 2016). LIAKOPOULOS, D. ‘Conflicts of law in the European Union law’, (2010) INTEULM . IDOT, L., FRANCQ, S., BASEDOW, J. International antitrust litigation: Conflict of laws and coordination , (Hart Publishing, Oxford & Oregon, Portland, 2012). 41 https://www.legislation.gov.uk/uksi/2018/1257/contents/made. 42 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings, OJ L 141, 5.6.2015, pp. 19-72. See also: LISANTI, C., SAUTONIE-LAGUIONIE, L. ‘Règlement UE n. 2015/848 du 20 mai 2015 relatif aux procèdures d’insolvabilité, in Société de législation comparée’, (2016) TEE . The 73 recital of Regulation 2016/1103, the 71th recital of Regulation 2016/1104 in which the formula refers less happily to the right to an effective appeal and to an impartial judgment (but the English version mentions: “the right to an effective remedy and to a fair trial “and the German one:” das Recht auf einen

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