INSOL Europe EC case register boosts Recast Regulation content

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

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 EC Regulation on Insolvency, Regulation (EC) 1346/2000 (EC Regulation on Insolvency) and from 26 June 2017 onwards, the Recast Regulation on Insolvency, Regulation (EU) 848/2015 (Recast 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 EC Regulation on Insolvency or the Recast Regulation on Insolvency.

Which case abstracts are available on the Recast Regulation on Insolvency 848/2015?

As at 12 February 2018, six abstracts applying the Recast Regulation on Insolvency have been uploaded on the INSOL Europe EC Case Register:

  • Gibraltar: Re Advalorem Value Asset Fund Limited, 2016/COMP/039 - [2017] EIRCR(A) 611 (whether an individual was exercising an independent business or a professional activity under Art 3(1). If he was, his centre of main interests (COMI) would be in Gibraltar; if not, his COMI would be in Spain)
  • Germany:
    • LG Berlin, 08/01/2018, 84 T 2/18 NIKI Luftfahrt GmbH - [2018] EIRCR(A) 670 (the German courts did not have international jurisdiction pursuant to Art 3(1) of the Recast Regulation on Insolvency, because the debtor's COMI was located in Austria)
    • AG Charlottenburg, 04/01/2018, 36n IN 6433/17 NIKI Luftfahrt GmbH - [2018] EIRCR(A) 669 (the German courts had international jurisdiction pursuant to Art 3(1) of the Recast Regulation on Insolvency, because the debtor's COMI was located in Germany)
    • AG Charlottenburg, 13/12/2017, 36n IN 6433/17 NIKI Luftfahrt GmbH - [2017] EIRCR(A) 668 (the German courts had international jurisdiction pursuant to Art 3(1) of the Recast Regulation on Insolvency, because the debtor's COMI was located in Germany)
  • Netherlands:
    • ECLI:NL:OGEAC:2017:159 Claimant: First Curacao International Bank N.V. Defendant (among 96 other defendants): Defendant 1 (in his capacity as liquidator in the insolvency of TWPS) - [2017] EIRCR(A) 656 (Arts 6(2) and 6(3) of the Recast Regulation on Insolvency contain internationally accepted rules of international insolvency law that can be applied in the private international law of Curaçao)
    • ECLI:NL:RBNHO:2017:8588 Claimant: R.L. Bezuijen Holding BV Defendant: debtor (natural person) - [2017] EIRCR(A) 655 (determining where the COMI is located)

Additionally, one abstract from Scotland (Bank Leumi (UK) Plc v Screw Conveyor Limited) applying the Recast Regulation on Insolvency will be published shortly.

This analysis was first published on LexisPSL Restructuring and Insolvency.

Further Reading

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Recast Regulation—main, secondary and territorial proceedings

Recast Regulation—establishing the centre of main interests (COMI) for corporates

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