Court of Appeal's Guidance on Enforcement Abroad

Insolvency - Parent and Subsidiary in Different EU States
In re Eurofood IFSC Ltd (Case C-341/04)
ECJ
2 May 2006
Daily Law Notes Report Summary
ECJ Judgment
The presumption, for the purposes of the rule that the courts of
the EC member state where a debtor's main interests were situated
had jurisdiction to open insolvency proceedings, that, in the case
of a company, that was where its registered office was situated,
could only be rebutted by objective factors that were
ascertainable by third parties; the fact that the company was a
"letterbox" company that did not carry out any business in the
state where it had its registered office would suffice, but the
mere fact that it was a subsidiary whose economic choices were
controlled by a parent company in another state would not.