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Procureur-generaal bij het hof van beroep te Antwerpen v Zaza Retail: ECJ 17 Nov 2011

ECJ (Area Of Freedom, Security And Justice) Regulation (EC) No 1346/2000 – Insolvency proceedings – Opening of territorial insolvency proceedings – Conditions laid down by the applicable national law preventing the opening of main insolvency proceedings – Creditor empowered to request the opening of territorial insolvency proceedings Judges: Tizzano, President Citations: C-112/10, [2011] EUECJ C-112/10 … Continue reading Procureur-generaal bij het hof van beroep te Antwerpen v Zaza Retail: ECJ 17 Nov 2011

Comite D’Entreprise De Nortel Networks And Others v Cosme Rogeau: ECJ 11 Jun 2015

ECJ Judgment – Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Articles 2(g), 3(2) and 27 – Regulation (EC) No 44/2001 – Judicial cooperation in civil matters – Main insolvency proceedings – Secondary insolvency proceedings – Conflict of jurisdiction – Exclusive or concurrent jurisdiction – Determination of the applicable law – Determination … Continue reading Comite D’Entreprise De Nortel Networks And Others v Cosme Rogeau: ECJ 11 Jun 2015

Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

The claimant bank said that the court had had no jurisdiction to make the order it had on the respondent’s bankruptcy, saying that his ‘centre of activity’ had been Germany, and not England. Judges: Purle QC J Citations: [2012] EWHC 2432 (Ch) Links: Bailii Statutes: Insolvency Act 1986 282(1)(a), Council Regulation (EC) No 1346/2000 of … Continue reading Sparkasse Hilden Ratingen Velbert v Benk and Another: ChD 29 Aug 2012

Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015

ENEFI Energiahatekonysagi Nyrt v Directia Generala Regionala has Finantelor Publice Brasov: ECJ 9 Nov 2016

ECJ (Judgment) Preliminary reference – judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Article 4 – Effects provided by the legislation of a Member State on loans not having been insolvency proceedings – Loss – tax Nature of debt – No effect – Article 15 – Meaning of ‘running … Continue reading ENEFI Energiahatekonysagi Nyrt v Directia Generala Regionala has Finantelor Publice Brasov: ECJ 9 Nov 2016

Pphu’Adax’/Ryszard Adamiak v Christianapol Sp. ZOO: ECJ 22 Nov 2012

ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Concept of ‘closure of insolvency proceedings’ – Possibility for a court before which secondary insolvency proceedings have been brought to examine the debtor’s insolvency – Possibility of opening winding-up proceedings as secondary insolvency proceedings where the main proceedings are sauvegarde … Continue reading Pphu’Adax’/Ryszard Adamiak v Christianapol Sp. ZOO: ECJ 22 Nov 2012

NK (Judicial Cooperation In Civil Matters – Bankruptcy of A Bailiff – Judgment): ECJ 6 Feb 2019

Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 – Scope of those regulations – Bankruptcy of a bailiff – Action brought by the liquidator in charge of administering and liquidating … Continue reading NK (Judicial Cooperation In Civil Matters – Bankruptcy of A Bailiff – Judgment): ECJ 6 Feb 2019

Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011

interedill2ECJ2011 ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – The centre of a debtor’s main interests – Transfer of a registered office to another Member State … Continue reading Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011

Interedil: ECJ 10 Mar 2011

ECJ Opinin – Preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – Article 3, paragraph 1 of Regulation No. 1346/2000 – Centre of main interests of the debtor – Presumption in favor of the place the registered office – Transfer of registered office in another Member State – Article 3, … Continue reading Interedil: ECJ 10 Mar 2011

Kornhaas v Thomas Dithmar: ECJ 10 Dec 2015

ECJ (Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Insolvency proceedings – Regulation (EC) No 1346/2000 -Article 4(1) – Determination of the applicable law – Legislation of a Member State laying down the obligation for a managing director of a company to reimburse that company for the payments made … Continue reading Kornhaas v Thomas Dithmar: ECJ 10 Dec 2015

Wiemer and Trachte: ECJ 28 Jun 2018

(Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Article 3 (1) – International jurisdiction – Article 21 – Advertising measures – Article 24 – No initiation of the procedure of insolvency – Execution for the benefit of the debtor – Presumption of … Continue reading Wiemer and Trachte: ECJ 28 Jun 2018

Vinyls Italia Spa in liquidation v Mediterranea di Navigazione SpA: ECJ 8 Jun 2017

ECJ (Area of Freedom, Security and Justice – Insolvency Proceedings : Judgment) Reference for a preliminary ruling – Area of freedom, security and justice – Insolvency proceedings – Regulation (EC) No 1346/2000 – Articles 4 and 13 – Acts detrimental to all the creditors – Conditions in which the act in question may be challenged … Continue reading Vinyls Italia Spa in liquidation v Mediterranea di Navigazione SpA: ECJ 8 Jun 2017

SCI Senior Home, in administration v Gemeinde Wedemark: ECJ 26 Oct 2016

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Article 5 – Notion of ‘third parties’ rights in rem’ – Public charge against immovable property to ensure payment of real property tax ECLI:EU:C:2016:804, [2016] … Continue reading SCI Senior Home, in administration v Gemeinde Wedemark: ECJ 26 Oct 2016

Nike European Operations Netherlands v Sportland Oy: ECJ 15 Oct 2015

ECJ (Judgment) Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Articles 4 and 13 – Insolvency proceedings – Detrimental legal acts – Action for restitution of payments made before the date on which insolvency proceedings were opened – Law of the Member State in which insolvency proceedings were opened – Law of … Continue reading Nike European Operations Netherlands v Sportland Oy: ECJ 15 Oct 2015

Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa: SC 29 Apr 2015

The airline was incorporated in Greece but with an office in the UK. It became insolvent leaving a deficit in the UK employee pension scheme. The trustees of the fund sought a secondary insolvency within the UK, and now a reference to the European Court. Held: The Court was now asked what connection must a … Continue reading Olympic Airlines Sa Pension and Life Assurance Scheme, The Trustees of The v Olympic Airlines Sa: SC 29 Apr 2015

Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Olympic Airlines, incorporated in Greece, but with headquarters in London, went into liquidation. The pensions scheme had been run with a deficit. The trustees no sought the winding up of the company under British law. Held: To be an establishment for the purposes of the Insolvency Regulation the following qualities must be present on the … Continue reading Olympic Airlines Sa Pension and Life Assurance Scheme v Olympic Airlines Sa: ChD 29 May 2012

Christian Van Buggenhout And Ilse Van De Mierop (Liquidators Of Grontimmo Sa) v Banque Internationale a Luxembourg Sa: ECJ 19 Sep 2013

ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Article 24(1) – Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ – Payment made to a creditor of that debtor C-251/12, [2013] EUECJ C-251/12 Bailii European, Insolvency Updated: 20 November 2021; Ref: scu.515356

Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel: ECJ 10 Sep 2013

ECJ Opinion – Judicial co-operation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Jurisdiction of the court of the Member State in which the centre of the debtor’s main interests is situated – Action in the context of insolvency to set a transaction aside – Extra-territorial element – Defendant residing in … Continue reading Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel: ECJ 10 Sep 2013

Rastelli Davide e C. Snc v Jean-Charles Hidoux: ECJ 15 Dec 2011

rastelliECJ2011 ECJ Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – Extension of insolvency proceedings opened in respect of a company established in one Member State to a company whose registered office is in another Member State because the property of the two companies has been intermixed. Tizzano P C-191/10, [2011] EUECJ C-191/10 … Continue reading Rastelli Davide e C. Snc v Jean-Charles Hidoux: ECJ 15 Dec 2011

Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel: ECJ 16 Jan 2014

ECJ Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Action to set a transaction aside by virtue of the debtor’s insolvency – Defendant resident in a third country – Jurisdiction of the court of the Member State where the debtor has the centre … Continue reading Ralph Schmid (Acting As Liquidator of The Assets of Aletta Zimmermann) v Lilly Hertel: ECJ 16 Jan 2014

Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006

ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Decision to open the proceedings – Centre of the debtor’s main interests – Recognition of insolvency proceedings – Public policy.The centre of a debtor’s main interests must be identified by reference to criteria that are both objective and ascertainable by … Continue reading Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006

Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

niclel_kintraECJ1409 ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) – Concept of ‘bankruptcy’ – Action for payment of a … Continue reading Nickel and Goeldner Spedition GmbH v “Kintra” UAB: ECJ 4 Sep 2014

Staubitz-Schreiber (Area of Freedom, Security and Justice): ECJ 17 Jan 2006

ECJ Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Temporal application – Court having jurisdiction V. Skouris, P Case-1/04, [2006] EUECJ C-1/04, [2006] BCC 639, [2006] ILPr 30, [2006] ECR I-701 Bailii Council Regulation (EC) 1346/2000 Cited by: Cited – Olympic Airlines Sa Pension and Life Assurance Scheme v … Continue reading Staubitz-Schreiber (Area of Freedom, Security and Justice): ECJ 17 Jan 2006

Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa: CA 6 Jun 2013

The court considered the the jurisdiction under EU law to commence a secondary winding-up in England of a company whose main liquidation is taking place in Greece. That depended upon whether the company, registered in Greece had a sufficient ‘establishment within the UK. On its winding up, the company had a considerable shortfall in the … Continue reading Olympic Airlines Sa Pension and Life Insurance Scheme v Olympic Airlines Sa: CA 6 Jun 2013

Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

References: C-157/13, [2014] EUECJ C-157/13 Links: Bailii Coram: A. Tizzano, P ECJ (Judgment) Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Article 3(1) – Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ – Regulation (EC) No 44/2001 – Article 1(2)(b) … Continue reading Nickel and Goeldner Spedition GmbH v ‘Kintra’ UAB: ECJ 4 Sep 2014

Windhorst v Levy: QBD 6 May 2021

Questions as to the court’s approach to the registration in this jurisdiction of a judgment of a German court under Council Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In particular, the court is asked to consider whether that registration should be set aside when the … Continue reading Windhorst v Levy: QBD 6 May 2021

Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002

The debtor’s wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or … Continue reading Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002

In re The Salvage Association: ChD 9 May 2003

The company wished to enter into a voluntary arrangement to protect itself from insolvency, but was an association incorporated by Royal Charter. Held: For the purposes of the Act, the association was to be treated as having a legal persona capable of being wound up. The words ‘opening’ insolvency proceedings could be read widely enough … Continue reading In re The Salvage Association: ChD 9 May 2003

Skjevesland v Geveran Trading Company Limited: ChD 2002

The registrar had decided that the debtor’s centre of main interests was situated in Switzerland. Held: Article 3 of Regulation (EC) 1346/2000 did not displace the bankruptcy jurisdiction which (as the registrar found) the High Court would otherwise have under section 265 of the Insolvency Act 1986. Judges: Judge Howarth Citations: [2002] EWHC 2898 (Ch) … Continue reading Skjevesland v Geveran Trading Company Limited: ChD 2002

In re Daisytek-ISA Ltd and others: 2004

The court was asked where the centre of main interests of French and German subsidiaries of ISA International plc was situated for the purposes of article 3.1 of the Regulation. Held: After referring to recital (13) to the Regulation, to the commentary at paragraph 75 of the Virgos-Schmit Report and to the registrar’s decision in … Continue reading In re Daisytek-ISA Ltd and others: 2004