Avoidance Proceedings before the Italian courts : avoiding Art. 13 of the Insolvency Regulation

Art. 13 EIR tries to satisfy the conflicting interests of the general body of creditors, relying on the lex fori concursus, and of the recipients of a voidable transaction, invoking the lex contractus. Some Italian precedents, however, avoided the application of Art. 13 EIR, showing a poor understanding of its meaning and scope. Such decisions seem to be a local symptom of more widespread disease, showing that maybe time is ripe for a reconsideration of the solutions offered by Art.13 EIR