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Transfer of Company’s Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy

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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Abstract

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

Item Type: Articles
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
URI: http://eprints.soas.ac.uk/id/eprint/14442

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