6. November 2018
Background
The courts of the Member State where the debtor’s centre of main interest is situated have jurisdiction for insolvency proceedings and proceedings closely connected to insolvency proceedings. This departs from the general rule that a defendant must be sued before the courts of the member state where their registered office is situated.
However, it was unclear what constituted as “closely related” to insolvency proceedings. A recent ruling gives clarification.
It is welcomed that the ECJ has now essentially stated that all claims against those involved in insolvency proceedings (i.e. insolvency practitioners, committees of creditors) belong before the courts of the country that has jurisdiction for the insolvency proceedings themselves.
Valach and Others (C-649/16)
In the media
von Dr. Susanne Fruhstorfer und Andreas Howadt, LL.M., LL.B.
von Dr. Susanne Fruhstorfer und Andreas Howadt, LL.M., LL.B.
von Dr. Susanne Fruhstorfer und Andreas Howadt, LL.M., LL.B.