The concept of pending lawsuit in article 15 of Regulation (EC) no 1346/2000 on insolvency proceedings

annotation on the European Court of Justice Judgment of 6 june 2018, Tarragó da Silveira, Case c-250/17, ecli:eu:c:2018:398

Abstract

In the Tarragó da Silveira judgment, the European Court of Justice answers a question referred by the Portuguese Supreme Court of Justice regarding the concept of “lawsuit pending” in article 15 of the Insolvency Regulation. The referring court asks if a debt recovery action is to be considered a pending lawsuit for the purposes of article 15. This case annotation examines and evaluates the solution given by the European Court of Justice.