Cases, Materials and News on European Civil Procedure

Category: Insolvency

European Court of Human Rights (Second Section) – Judgment 20 February 2018 – Vujović and Lipa D.O.O. v. Montenegro – right to effective access to the courts of appeal when set up by the Contracting States – limitations on the right to be heard may be laid down only when proportionality test is respected

On 20 February 2018 the ECtHR issued a decision in the case Vujović and Lipa D.O.O. v. Montenegro (application no. 18912/15), concluding that there had been a violation of Article 6 § 1 (right to effective access to the courts of appeal in civil cases when set up by the contracting State) of the European […]

CJEU – Reference for a preliminary ruling – Case C‑649/16 – 20 December 2017 – Regulation (EU) No 1215/2012 — Scope — Action for liability in tort against the members of a committee of creditors which rejected a restructuring plan in insolvency proceedings

The Court of Justice of European Union, in Case C‑649/16, on December 20th, 2017 issued a judgment on the scope of the Regulation (EU) No 1215/2012, stating that: Regulations No 1215/2012 and No 1346/2000 must be interpreted in such a way as to avoid any overlap between the rules of law that those instruments lay down and any […]

CJEU Judgment – C 641/16 – 9 November 2017 – Insolvency proceedings – Regulation (EC) No 1346/2000 – Court having jurisdiction – Action for unfair competition brought in the context of insolvency proceedings

A claim was brought by a French Company before the Tribunal de commerce de Paris after it allegedly suffered damages (for acts of unfair competition) by the German assignee of part of the business of a German company under insolvency proceedings (in Germany).  The ‘German assignee’ challenged the jurisdiction of the French court on the basis of […]

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