Home / Restructuring & Insolvency / Key R&I law developments / R&I cases

Legal News

CJEU guidance on establishment following Burgo v Illochroma

Copyright © 2025 LexisNexis

Published on: 29 September 2014

Published by a LexisNexis Restructuring & Insolvency expert

Table of contents

Original news
How did the issue arise and what were the jurisdictional factors?
Can an establishment exist in a member state where the registered office exists?
Is the power to open secondary proceedings restricted to creditors residing or having a registered office in the state where the establishment is situated?
When the main proceedings are winding-up proceedings, must the secondary proceedings satisfy any appropriateness criteria?
What does this mean in practice for insolvency practitioners?

Article summary

Restructuring & Insolvency analysis: Is having a registered office fatal to creating an establishment in that jurisdiction?

Popular documents

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a