Federico Maria Mucciarelli
The Transfer of the Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy – Case Note on the Decision “B & C” of the Italian Corte di Cassazione –
The Italian Supreme Court (Corte di
Cassazione) has issued an important decision on companies’ freedom of
establishment in the European Union (EU) and on jurisdiction over insolvency
proceedings. It was a typical forum-shopping case in insolvency situations, in
which a company decides to shift its registered office abroad before a court
from its original country declares the insolvency. The Cassazione did
not apply EC-Regulation 1346/2000 on crossborder insolvency, but declared the
company as liquidated because of the transfer of the registered office. This
solution leaves many questions unclear, both under EC-freedom of establishment
and under jurisdiction rules for cross-border insolvency.
European Company and Financial Law Review, Walter de Gruyter
Print ISSN: 1613-2548
Volume: 2, 12/2005
Pages: 512 - 533
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