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

7 Pages Posted: 26 Nov 2005

Date Written: November 22, 2005

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

Suggested Citation

Ho, Look Chan, A Teleological Application of the EC Insolvency Regulation: European Commission V Ami Semiconductor Belgium (November 22, 2005). Available at SSRN: https://ssrn.com/abstract=854525 or http://dx.doi.org/10.2139/ssrn.854525

Look Chan Ho (Contact Author)

Des Voeux Chambers ( email )

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