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20 July 2012
Issue: 7523 / Categories: Case law , Law digest , In Court
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European Union

Erste Bank Hungary Nyrt v Magyar Allam abd others: C-527/10, [2012] All ER (D) 62 (Jul)

The referring court asked whether Art 5(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings was applicable in the context of civil proceedings concerning the existence of a right in rem (in the instant case a security), in circumstances in which the property to which that right referred, such as a sum of money paid into court, was situated in a state which had not yet been a member state of the EU when the insolvency proceedings had been opened in a member state, but which had become one when the action which gave rise to the judicial proceedings had been brought. The Court ruled that Art 5(1) had to be interpreted as meaning that that provision was applicable, in circumstances such as those in the main proceedings, even to insolvency proceedings opened before the accession of the Republic of Hungary to the European Union where, on 1 May 2004, the debtor’s assets on which the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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