Center of Main Interests, International Insolvency Case Venue, and Equality of Arms: The Eurofood Decision and the European Court of Justice

70 Pages Posted: 21 Oct 2015

See all articles by Samuel Bufford

Samuel Bufford

The Pennsylvania State University (University Park) – Penn State Law

Date Written: 2007

Abstract

This Article examines the Eurofood-E.C.J. decision and evaluates its impact on the decisions of the Irish and the Italian courts to open main insolvency cases for Eurofood. This Article also addresses the broader international insolvency law issues that the E.C.J. decision left open. Part II of this Article provides background information on the format and binding effect of a decision of the E.C.J. Part III explores the background of Parmalat and Eurofood and describes the Eurofood cases in the Irish and Italian courts prior to the E.C.J. decision. Part IV examines the E.C.J. decision, its rationale, and its application to the Irish and Italian cases. Part V focuses on the E.C.J. decision's application to procedural problems in insolvency law of the "equality of arms" principle, which the E.C.J. had previously imported from the European Court on Human Rights and had applied principally in the contexts of criminal defense and administrative law. Part V also explains how the E.C.J. used this concept to impose E.U. procedural law on the determination of the location of a debtor's CoMI and the resulting proper national venue for its insolvency. Part VI examines the substantive insolvency law issues that the Eurofood-E.C.J. decision addressed and the procedural issues apart from those involved in the "equality of arms" analysis. Part VII contains concluding remarks.

Suggested Citation

Bufford, Samuel, Center of Main Interests, International Insolvency Case Venue, and Equality of Arms: The Eurofood Decision and the European Court of Justice (2007). Northwestern Journal of International Law & Business, Vol. 27, No. 351, 2007, Penn State Law Research Paper No. 2007, Available at SSRN: https://ssrn.com/abstract=2676871

Samuel Bufford (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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