Out of the Insolvency Regulation and into the Judgments Regulation: Mazur Media V. Mazur Media
13 Pages Posted: 23 Nov 2005
Date Written: November 21, 2005
Pursuant to Article 15 of Council Regulation (EC) 1346/2000 on Insolvency Proceedings (the 'Insolvency Regulation'), when a company is subject to formal insolvency proceedings in a European Union Member State and there are pending litigation proceedings in England, it is a matter of English law whether the litigation can continue. Mazur Media v. Mazur Media is the first English decision that gives some guidance on how the English court should proceed in these circumstances. It is also the first English decision that considers the interface between 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') and how the tort of conversion is to be treated under the Judgments Regulation. While helpful in certain respects, this decision is nevertheless questionable on many fronts. Particularly semi-competent is its appreciation of the significance of foreign insolvency proceedings.
Keywords: Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Council Regulation (EC) 1346/2000 on Insolvency Proceedings, conversion, forum non conveniens
JEL Classification: K12, K33, K41
Suggested Citation: Suggested Citation