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The regime for circulation of judgements under the EC regulation on insolvency proceedings

✍ Scribed by Ettore Consalvi

Publisher
John Wiley and Sons
Year
2006
Tongue
English
Weight
205 KB
Volume
15
Category
Article
ISSN
1180-0518

No coin nor oath required. For personal study only.

✦ Synopsis

The regime for recognition andenforcementof judgements under the EC Regulation 1346/00 on insolvency proceedings raises several issues due to gaps in its provisions (Chapter II). This article analyses these rules and suggests solutions to its principal shortcomings particularly focusing on the prohibition against reviewing decisions as to their merits and con£icts between judgements opening main insolvency proceedings in di¡erent member states. This analysis draws on the European Court of Justice's interpretation of the1968 Brussels Convention in preliminary rulings, which is a valuable tool for dealing with problems concerning recognition and enforcement of judgements as the Regulation is based on a similar framework.

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