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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

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

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

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

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

Trillium (Nelson) Properties Ltd v Office Metro Ltd: ChD 9 May 2012

Winding-up petition in which the principal issue is whether or not Office Metro Limited can be wound up in this jurisdiction in the light of the fact that, despite its being an English registered company, its centre of main interest is in Luxembourg. The question which was to be determined was whether or not it … Continue reading Trillium (Nelson) Properties Ltd v Office Metro Ltd: ChD 9 May 2012

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

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

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

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

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

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

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

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