Recent Developments and Case-Law Concerning Jurisdiction and the Recognition of Judgments under the European Insolvency Regulation

This article examines the application of the European Insolvency Regulation (Reg. No 1346/2000 on insolvency proceedings) by the European Court of Justice and national courts. It discusses the solution reached by the ECJ in the Eurofood case concerning the centre of main interests of groups of companies and the difficulties that arise in this respect by the different proposals made by scholars. The article addresses also the problems that arise in relation to the rules on the law applicable to insolvency proceedings, in particular in the case of rights in rem. Finally, the role of public policy in the recognition of foreign judgments in this field is analysed, mainly with regard to the specific features of decisions reached within insolvency proceedings and their possible effects.