THE EU INSOLVENCY REGULATION: SOME CAPITA SELECTA

Abstract

The author selects three capita selecta with regard to the Insolvency Regulation. He claims that the lex concursus governs the question of whether a third party who claims to have purchased a movable unregistered asset or an asset gratuitously from a person who was subjected to an insolvency proceeding is in fact protected. Furthermore, he reaches the conclusion that the Dutch cooling-off period can have effects in other Member States, provided that some conditions are met. Finally, the author comments on the German Graphic case, in which the Court of Justice of the European Communities has ruled that an action based on a reservation of title against the purchaser who is insolvent is an action in the field of civil and commercial law and is not excluded from the scope of the Brussels I Regulation, and that Article 7(1) of the Insolvency Regulation does not alter this conclusion.