The Scope of Article 31(1) of Regulation 2015/848 and Acts Performed by the Debtor after the Opening of Insolvency Proceedings in Light of the lex fori concursus Principle
Year: 2026
Type: article
Abstract: The commentary concerns the judgment of the Court of Justice of 27 March 2025 in Case C-186/24, Matthäus Metzler v Auto1 European Cars B.V. The CJEU held that Article 31(1) of Regulation 2015/848 also covers obligations arising from legal acts performed by the debtor after the opening of insolvency proceedings and the transfer of powers to the insolvency practitioner. However, third-party protection is conditional upon the effectiveness of such an act under the law of the Member State in which the proceedings were opened (lex fori concursus). The judgment reinforces the conflict-of-laws model underpinning EU cross-border insolvency law.
Source: Gdańskie Studia Prawnicze
Author: Robert Obrzud
Institution: University of Gdańsk
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7167217830