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 third parties, in order to ensure legal certainty and foreseeability concerning the determination of the court with jurisdiction to open the main insolvency proceedings. That requirement for objectivity and that possibility of ascertainment by third parties may be considered to be met where the material factors taken into account for the purpose of establishing the place in which the debtor company conducts the administration of its interests on a regular basis have been made public or, at the very least, made sufficiently accessible to enable third parties, that is to say in particular the company’s creditors, to be aware of them.
V. Skouris, P
C-341/04, [2006] EUECJ C-341/04, [2006] 3 WLR 309, [2006] BCC 397, [2006] ILPr 23, [2006] Ch 508, [2006] ECR I-3813, [2006] BPIR 661, [2006] All ER (EC) 1078, [2007] 2 BCLC 151, ECLI:EU:C:2006:281
Bailii
Regulation (EC) No 1346/2000
European
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Leading Case
Updated: 02 November 2021; Ref: scu.241362
