Interfacing the Insolvency Regulation with the Judgments Regulation: Oakley V. Ultra Vehicle Design
12 Pages Posted: 21 Nov 2005
Date Written: November 19, 2005
Using the decision in Oakley v Ultra Vehicle Design as a case study, this paper considers the precise demarcation and interface between Council Regulation (EC) 1346/2000 on Insolvency Proceedings ('the Insolvency Regulation') and Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ('the Judgments Regulation').
In relation to insolvency-related issues, the subject-matter jurisdiction of the Insolvency Regulation and the Judgments Regulation is mutually exclusive and complementary. There is no gap in subject-matter jurisdiction between these measures; what is excluded in one measure is correspondingly included in the other measure. In order to determine into which jurisdictional regime the subject-matter of an insolvency-related dispute falls, one begins by determining whether it is an insolvency matter within Article 1(2)(b) of the Judgments Regulation. One never begins by considering whether the dispute is raised in the context of a proceeding within the Insolvency Regulation, which would lead to a blank.
Keywords: Regulation (EC) 1346/2000 on Insolvency Proceedings, Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
JEL Classification: K29, K30, K33, K39, K41, K49
Suggested Citation: Suggested Citation