header-logo header-logo

11 October 2013
Issue: 7579 / Categories: Case law , Law reports , In Court
printer mail-detail

EU—Insolvency—Debtor subject to insolvency proceedings

Van Buggenhout and another v Banque Internationale a Luxembourg SA C-251/12

Judges Ilešic (President) (Rapporteur), Jarašiunas, Ó Caoimh, Toader and Fernlund, and V. Tourrès, Administrator, 19 September 2013

Article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that a payment made at the behest of a debtor subject to insolvency proceedings to one of the latter’s creditors does not fall within the scope of that provision. 

The underlying dispute concerned a property development company which had its registered office in Antwerp, Belgium. In May 2006, an application to open insolvency proceedings was made in Brussels. Following that application, two cheques were issued for the benefit of the company by two of its debtor companies. Afterwards, the company appointed new directors and acquired a purchase option issued by a Panamanian company, “Kostner”. It opened two accounts with the respondent Luxembourg bank and transferred the cheques into one account then the other. The bank subsequently issued a cheque for Kostner in payment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll