F-Tex: The CJEU on the Insolvency Regulation and the Judgments Regulation

By Guildhall Chambers - 17 May 2012

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Stefan Ramel

Introduction

1.       On 19 April 2012, the First Chamber of the Court of Justice of the European Union (CJEU) published its decision in case F-Tex SIA v Lietuvos-Anglijos UAB, ‘Jadecloud-Vilma', Case C-213/10. The reference to the CJEU was from the Lietuvos AukšÄiausiasis Teismas (Lithuania). The case was an opportunity for the CJEU to consider the interaction between Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (2000) OJ L 160/1 (the Insolvency Regulation) and Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2001) OJ L 12/1 (the Judgments Regulation).

2.       In particular, this reference was an opportunity for the CJEU to consider whether, where main proceedings under the Insolvency Regulation are opened in a Member State, the courts of that Member State retain exclusive jurisdiction to deal with any actions which derive directly from those insolvency proceedings, even if the proposed defendant is registered in another Member State. As will become clear below, it is not an opportunity which, on the facts of the case, it was necessary for the CJEU to take up.

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