Brussels Convention. Bankruptcy and proceedings relating to the winding-up of insolvent companies or other legal persons. Action for making good the deficiency. – ‘it is necessary, if decisions relating to bankruptcy and winding-up are to be excluded from the scope of the Convention, that they must derive directly from the bankruptcy or winding-up’
Europa 1. The concepts used in article 1 of the Convention which serve to indicate its scope must be regarded as independent concepts which must be interpreted by reference, first, to the objectives and scheme of the convention and, secondly, to the general principles which stem from the corpus of the national legal systems. 2. Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings are proceedings founded, according to the various laws of the contracting parties relating to debtors who have declared themselves unable to meet their liabilities, insolvency or the collapse of the debtor’s creditworthiness, which involve the intervention of the courts culminating in the compulsory ‘liquidation des biens’ in the interest of the general body of creditors of the person, firm or company or at least in supervision by the courts. If decisions relating to bankruptcy and winding-up are to be excluded from the scope of the convention they must derive directly from bankruptcy or winding-up and be closely connected with proceedings for the ‘liquidation des biens’ or the ‘reglement judiciaire’.
Citations:
R-133/78, [1979] EUECJ R-133/78
Links:
Cited by:
Applied – Ferdinand M.J.J. Duijnstee v Lodewijk Goderbauer ECJ 15-Nov-1983
A liquidator sought to recover a patent from an employee of the company, a claim held not to be excluded from the Convention.
Europa 1. The Convention of 27 September 1968, which seeks to determine the . .
Cited – QRS 1 APS and others v Frandsen CA 21-May-1999
The appellants were all Danish companies put into liquidation for asset stripping in contravention of Danish law. The respondent was resident in the UK and had owned them. The Danish tax authorities issued tax demands and the liquidators now sought . .
Lists of cited by and citing cases may be incomplete.
European, Insolvency
Updated: 21 June 2022; Ref: scu.214794
