INSOL Europe EC case register adds Italian and German cases

INSOL Europe EC case register adds Italian and German cases

We look at two new abstracts applying the Recast Regulation on Insolvency 848/2015 which have been uploaded to the INSOL Europe EC Case Register: one from Italy and one from Germany.

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 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 Italian case on COMI (centre of main interests)

In the case of Sentenza n. 7470 X Ltd (incorporated under English law), Y S.r.l. in insolvency, Z S.p.A.  [2017] EIRCR(A) 675 , the Italian Supreme Court of Cassazione considered the existence of Italian juri

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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.