Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
Can several courts have concurrent jurisdiction to decide the same issue? Stefan Ramel, a barrister at Guildhall Chambers, examines a recent ruling in Europe and attempts to simplify the matter.
Comite d’entreprise de Nortel networks SA and others v Rogeau: C-649/13  All ER (D) 143 (Jun)
The Court of Justice of the European Union (CJEU) gave a preliminary ruling, deciding, among other things, that arts 3(2) and 27 of Council Regulation (EC) 1346/2000 on insolvency proceedings (the EC Reg) should be interpreted as meaning that the courts of the member state in which secondary insolvency proceedings had been opened had jurisdiction concurrently with the courts of the member state in which the main proceedings had been opened, to rule on the determination of the debtor’s assets falling within the scope of the effects of those secondary proceedings.
The comité d’entreprise of Nortel Networks SA (NNSA) started proceedings seeking relief relating to a sum of money standing to the credit of NNSA’s account. Specifically, it sought relief in relation to whether those funds could be used to make a deferred severance payment to employees that NNSA was contractually obliged to make pursuant to a memorandum settling action entered into with those employees on 21 July 2009—post-insolvency and after the secondary proceedings were opened. The French insolvency practitioner, Mr Rogeau, had not made the payment because, under a coordinating protocol dated 1 July 2009 entered into between the English and French insolvency proceedings, certain expenses had to be paid first. Mr Rogeau sought to join the English administrators in the comité d’entreprise’s action.
The CJEU concluded that the EC Reg applies to the proceedings. It reached that conclusion on the basis that the rights and obligations on which the action before the French court was based derived directly from insolvency proceedings, and were closely connected with the case. It does not appear, however, that the CJEU supplied its reasons for reaching that particular conclusion. Plainly, it would have assisted practitioners if it had done.
Both. The CJEU considered that the English court
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.
Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.
0330 161 1234