Volume 7 (2010)

Volume 7 (2010) / Issue 3

Loes Lennarts, 'EU Corporate Insolvency Law in the Wake of the ECJ’s Deko Marty Judgment' (2010) 7 European Company Law, Issue 3, pp. 106–112

Abstract

In February 2009, the ECJ rendered the Deko Marty judgment in which it decided that courts of Member States having jurisdiction to open insolvency proceedings on the basis of the EU Insolvency Regulation also have jurisdiction to hear actions which derive directly from insolvency proceedings and are closely linked to them. The author discusses this judgment in the light of the recent trend of insolvencification: the policy to re-label company law provisions that aim to protect creditors by transforming these provisions into provisions of insolvency law.

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ISSN: 1572-4999
ID: EUCL2010021