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Mucciarelli, Federico (2005) 'The Transfer of the Registered Office and Forum-Shopping in International Insolvency Cases: an Important Decision from Italy.' European Company and Financial Law Review, 2 (4). 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

Item Type: Journal Article
Keywords: transfer of registered office abroad , EU freedom of establishment , forum shopping
SOAS Departments & Centres: Departments and Subunits > School of Finance & Management
Legacy Departments > Faculty of Law and Social Sciences > School of Finance and Management > Centre for Financial and Management Studies (CeFiMS)
ISSN: 16132556
DOI (Digital Object Identifier):
Date Deposited: 12 Oct 2012 08:32

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