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The regime for circulation of judgements under the EC regulation on insolvency proceedings
Author(s) -
Consalvi Ettore
Publication year - 2006
Publication title -
international insolvency review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.125
H-Index - 7
eISSN - 1099-1107
pISSN - 1180-0518
DOI - 10.1002/iir.142
Subject(s) - insolvency , enforcement , convention , principal (computer security) , interpretation (philosophy) , law and economics , political science , bankruptcy , law , economic justice , business , economics , computer science , computer security , programming language
The regime for recognition and enforcement of 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 conflicts between judgements opening main insolvency proceedings in different member states. This analysis draws on the European Court of Justice's interpretation of the 1968 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. Copyright © 2006 John Wiley & Sons, Ltd.