Category Archives: Co-operation

Insolvency forum shopping – what could be learned from the ECJ case law on international company law and the US Supreme Court?

  The European Commission has identified insolvency and restructuring proceedings as an important factor and one of its top priorities for creating a strong capital market. As the Brussels conference on convergence of insolvency frameworks within the European Union proved, there is a room for increasing harmonization of not only company law but also insolvency law. The...

Autonomy in conflict of laws

Three decades of ECJ case law, from ‘Avoir fiscal’ to VALE, have eventually led to a quite consistent view on international company law within the internal market. Still, due to the technique of preliminary rulings which are meant (only) to provide an answer by the ECJ to the specific question(s) submitted to it by a...

Coherence of EU choice of law rules for companies

The ECJ strengthens throughout its case - law the coherence of EU law in two particular respects. First, the ECJ has focused on the parallels between natural and legal persons, and more particularly on the unilateral determination of the nationality of natural persons combined with the other Member States’ duty to recognize this nationality on the...