Keywords
Summary

Keywords

Judicial cooperation in civil matters – Insolvency proceedings – Regulation No 1346/2000 – Recognition of insolvency proceedings opened by a court of a Member State – Judgment opening insolvency proceedings

(Council Regulation No 1346/2000, Arts 3, 4, 5, 10, 16, 17, 25 and 26)

Summary

Regulation No 1346/2000 on insolvency proceedings must be interpreted as meaning that, after the main insolvency proceedings have been opened in the Member State where an undertaking has its principal place of business, the competent authorities of another Member State, in which that undertaking engages in construction work through a branch and in which no secondary insolvency proceedings have been opened, are required, subject to the grounds for refusal derived from Articles 25(3) and 26 of that regulation, to recognise and enforce all judgments relating to the main insolvency proceedings and, therefore, are not entitled to order, pursuant to the legislation of that other Member State, enforcement measures relating to the assets of the debtor declared insolvent that are situated in its territory when the legislation of the State of the opening of proceedings does not so permit and the conditions to which application of Articles 5 and 10 of the regulation is subject are not met.

Subject to that proviso, because of the universal effect which all main insolvency proceedings must be accorded, insolvency proceedings opened in a Member State encompass all of the debtor’s assets, including those situated in another Member State, and the law of the State of the opening of proceedings determines not only the opening of insolvency proceedings but also their course and closure. On that basis, the law of the State of the opening of proceedings is required to govern the treatment of assets situated in other Member States and the effects of the insolvency proceedings on the measures to which those assets are liable to be subject.

(see paras 43, 46-47, operative part)