Contractual performance by a third party governed by lex contractus and the effectiveness of avoidance action in insolvency proceedings

note to the Judgement of the Court of Justice of European Union, April 22 2021, C-73/20

  • Phuong Thao Phan Università degli Studi di Torino
Palabras clave: insolvency proceedings, acts detrimental to all the creditors, act subject to the law of a member state other than the state of the opening of proceedings, conflict of laws, law applicable to contractual obligations, performance of the obligations arising from the contract, payment made in performance of a contract subject to the law of a Member State other than the State of the opening of proceedings, performance by a third party, action for repayment of that payment in insolvency proceedings, law applicable to that payment

Resumen

Upon a request for a preliminary ruling on the articulation between Article 13 of the European Insolvency Regulation n° 1346/2000 and Article 12(1)(b) of Rome I Regulation, the Court of Justice of European Union has confirmed in a decision on April 22, 2021 that a payment made in perfor-mance of a contract by a third party is subjected to the law applicable to that contract and not to the law of the Member State opening the insolvency proceedings where the payment is challenged by an avoidance action. The decision raises some reflections on the correlation between the European Insolvency and Rome I Regulations as well as the effectiveness of avoidance action in insolvency proceedings.

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PDF (English) : 90
Publicado
2022-03-07
Cómo citar
Thao Phan, P. (2022). Contractual performance by a third party governed by lex contractus and the effectiveness of avoidance action in insolvency proceedings: note to the Judgement of the Court of Justice of European Union, April 22 2021, C-73/20. CUADERNOS DE DERECHO TRANSNACIONAL, 14(1), 853-857. https://doi.org/10.20318/cdt.2022.6721
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