Appearing: Tony Valeri, M.P., Parliamentary Secretary for the Minister of Finance. Witnesses: From the Department of Finance: Bruce Rayfuse, Senior Chief, International Finance and Economic Analysis Division; Yvon Carrière, Counsel, Tax Counsel Division; Stephen Gagnon, Senior Tax Policy Officer, Intergovernmental Tax Policy Division, Tax Policy Branch; Andrew Treusch, General Director, Federal-Provincial Relations and Social Policy Branch; David Moloney, General Director, Economic and Fiscal Policy Branch; Ted Roseman, Senior Policy Analyst, Social Policy Division; John Manson, Senior Policy Analyst, Social Policy Division; Keith Horner, Senior Chief, Social Tax Policy; Bill Murphy, Tax Policy Officer, Personal Income Tax Division, ...[+++] Tax Policy Branch; Ed Waddington, Senior Policy Analyst, Economic Development and Corporate Finance; Kristina Knopp, Legal Counsel, Brian Willis, Senior Chief, Sales Tax Division Tax Policy Branch, Doug Wyatt, General Counsel.

Article 3(1) of Regulation No 1346/2000 must be interpreted as meaning that the courts of the Member State in the territory of which insolvency proceedings regarding a company’s assets have been opened have jurisdiction to hear and determine an action, such as that at issue in the main proceedings, brought by the liquidator in the insolvency proceedings against the managing director of that company for reimbursement of payments made after the company became insolvent or after it had been established that the company’s liabilities exceeded its assets ...[+++], where the managing director is domiciled not in another Member State but, as is the situation in the main proceedings, in a contracting party to the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed on 30 October 2007, which was approved on behalf of the Community by Council Decision 2009/430/EC of 27 November 2008.

‘authorised primary dealer’ means a natural or legal person who has signed an agreement with a sovereign issuer or who has been formally recognised as a primary dealer by or on behalf of a sovereign issuer and who, in accordance with that agreement or recognition, has committed to dealing as principal in connection with primary and secondary market operations relating to debt issued by that issuer;

3. Articles 7, 13 and 14 shall not apply to the activities of a natural or legal person where, acting as an authorised primary dealer pursuant to an agreement with a sovereign issuer, it is dealing as principal in a financial instrument in relation to primary or secondary market operations relating to the sovereign debt.

‘market making activities’ means the activities of an investment firm, a credit institution, a third-country entity, or a firm as referred to in point (l) of Article 2(1) of Directive 2004/39/EC, which is a member of a trading venue or of a market in a third country, the legal and supervisory framework of which has been declared equivalent by the Commission pursuant to Article 17(2) where it deals as principal in a financial instrument, whether traded on or outside a trading venue, in any of the following capacities:

To promote a better understanding of failure and dissociate the concept of 'bankruptcy' from that of 'bad' behaviour, the Commission will, together with Member States' experts, draw up in 2004 information on the principles of bankruptcy, early warning signs of financial difficulties, reasons for failure, barriers to starting afresh and portraits of failed and restarted entrepreneurs.