Updated case law of the Supreme Court and the Court of Justice of the European Union in insolvency cases
13 April, 2022
The summary of the case law of the Department of Civil Cases of the Supreme Court Senate on the application of laws and regulations governing the insolvency of natural and legal persons and the legal protection proceedings has been supplemented with the case law findings of the past three years.
The previous summary includes cases examined by the Senate from January 2015 to August 2018. Rulings passed until March 2022 have now been added. These are rulings adopted in cases received by the Department of Civil Cases and examined in cassation protest proceedings, as well as the most significant rulings in cases examined in cassation appeal proceedings. The summary also includes the most significant Constitutional Court findings and some findings from earlier rulings of the Supreme Court in the field of insolvency law.
Furthermore, recent findings have complemented the body of case law of the Court of Justice of the European Union in the field of cross-border insolvency law. This summary provides an insight into the findings of the Court of Justice of the European Union on the main issues of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings: scope of the Regulation, jurisdiction of courts, applicable law, recognition of judgments, secondary insolvency proceedings.
The case law findings have been systematized by Dr. iur. Reinis Markvarts, Legal research counsel to the Division of Case law and Research of the Supreme Court.
• Summaries “Insolvency and legal protection proceedings. Summary of Senate’s case law (2015 – March 2022)” and “Case law of the Court of Justice of the European Union on the application of the Regulation on Insolvency Proceedings” see on the website of the Supreme Court in section Case law/ Compilations of case law/ Civil Law
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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