Unravelling the Insolvency Exception

A Case Law Analysis of the Reasoning Used by the CJEU

Abstract

In European private international law, a distinction between insolvency-related and non-insolvency-related proceedings is drawn. However, the case law of the Court of Justice of the European Union on the delimitation between these regimes has been widely criticised for its lack of legal certainty. This article analyses the relevant case law and develops a structured set of factors to determine whether a proceeding is insolvency-related and, consequently, falls within the scope of the European Insolvency Regulation.