Noot bij: HvJ EU 21 november 2019, 2021, 3 (Missing the Mark. Insolvency Set-Off and the Case of CeDe Group v KAN)
SourceEIRJ. European insolvency and restructuring journal, 21 november 2019, article 3
21 november 2019
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Onderzoekcentrum Onderneming & Recht (OO&R)
EIRJ. European insolvency and restructuring journal
SubjectFinance, Security and Insolvency Law; Financiering, zekerheden en insolventie
Article 4 EIR, which states the main rule that the law of the Member State where insolvency proceedings are opened is applicable to the proceedings and their effects, must be interpreted as not applying to an action brought by the liquidator of an insolvent company established in one Member State for the payment of goods delivered under a contract concluded before the insolvency proceedings were opened in respect of that company, against the other contracting company, which is established in another Member State.
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