INSOL Europe EC case register adds Austrian case (Niki Luftfahrt GmbH)

INSOL Europe EC case register adds Austrian case (Niki Luftfahrt GmbH)

We look at a new abstract from Austria applying the Recast Regulation on Insolvency 848/2015 which has been uploaded to the INSOL Europe EC Case Register.

What is the INSOL Europe EC case register?

INSOL Europe and LexisNexis have joined forces to bring you the case register. This unique case abstract service provides summaries of over 500 judgments, from the Court of Justice of the European Union and first instance and appeal courts of the EU Member States, that consider a significant point relating to the Recast Regulation on Insolvency, Regulation (EU) 848/2015 (Recast Regulation on Insolvency) or earlier EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EC Regulation on Insolvency).

Why are case abstracts from other Member States helpful?

With EC case law, decisions of the EU Court of Justice bind all Member States, though where the EU Court of Justice has given limited guidance on a particular area, courts may look to decisions of other courts in the Member States for some guidance, although they will not be binding. The INSOL Europe Case Register contains summaries of judgments that consider a significant point relating to the Recast Regulation on Insolvency (or formerly the EC Regulation on Insolvency).

New Austrian case on overturning a decision opening main proceedings

In the case of Niki Luftfahrt GmbH [2018] EIRCR(A) 679, the Austrian first instance court (Landesgericht Korneuburg) decided that where (i) a decision opening main insolvency proceedings is overturned by the court of appeal and (ii) according to national law of the opening Member State, this decision bec

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About the author:
Kathy specialises in restructuring and cross-border insolvency. She qualified as a solicitor in 1995 and has since worked for Weil Gotshal & Manges and Freshfields. Kathy has worked on some of the largest restructuring cases in the last decade, including Worldcom, Parmalat, Enron and Eurotunnel.