A Teleological Application of the EC Insolvency Regulation: European Commission V Ami Semiconductor Belgium

Abstract

The European Court of Justice ('the ECJ') held in European Commission v AMI Semiconductor Belgium, its very first decision concerning the operation of Council Regulation (EC) 1346/2000 on Insolvency Proceedings ('the Insolvency Regulation') that the principles laid down in the Insolvency Regulation apply with equal force to proceedings brought before the Community courts (as opposed to national courts), despite the fact that the Insolvency Regulation contains no reference to the Community courts. This ECJ decision concerns principally Articles 4(2)(f), 16 and 17 of the Insolvency Regulation.

Keywords: Council Regulation (EC) 1346/2000 on Insolvency Proceedings

JEL Classification: K29, K30, K33, K39, K41