Mucciarelli, Federico M. (2005) 'Transfer of Company’s Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy.' European Company and Financial Law Review . pp. 512-533.
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The Italian Supreme Court (Corte di Cassazione) has issued an important decision on companies’ freedom of establishment in the European Union (EU) and on jurisdiction over insolvency proceedings. It was a typical forum-shopping case in insolvency situations, in which a company decides to shift its registered office abroad before a court from its original country declares the insolvency. The Cassazione did not apply EC-Regulation 1346/2000 on cross-border insolvency, but declared the company as liquidated because of the transfer of the registered office. This solution leaves many questions unclear, both under EC-freedom of establishment and under jurisdiction rules for cross-border insolvency
|Keywords:||transfer of registered office abroad , EU freedom of establishment , forum shopping|
|SOAS Departments & Centres:||Faculty of Law and Social Sciences > Department of Financial and Management Studies > Centre for Financial and Management Studies (CeFiMS)|
|Depositing User:||Federico Mucciarelli|
|Date Deposited:||12 Oct 2012 08:32|
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