Vol 17 (2020) - Issue 5

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Decision of the European Court of Justice in Riel, dated 18 November 2019 – C 47/18

Synopsis
In its decision in Riel, dated 18 November 2019 – C 47/18 the European Court of Justice ('ECJ') discusses three central questions regarding European insolvency law. The first question is an all-time classic – the distinction between the scope of the Regulation No 1346/2000 (European Insolvency Regulation, 'EIR 2000') and Regulation No 1215/2012 ('Brussels Recast Regulation'). The second question concerns the relationship of (parallel) main and secondary insolvency proceedings towards each other and the handling of emerging conflicts of competences. Regarding the third question, the ECJ enters new judicial territory and deals with the requirements for the lodgement of (insolvency) claims of creditors in the light of Art. 41 of the EIR 2000 for the first time.