header-logo header-logo

EU—Insolvency—Debtor subject to insolvency proceedings

11 October 2013
Issue: 7579 / Categories: Case law , Law reports , In Court
printer mail-detail

Van Buggenhout and another v Banque Internationale a Luxembourg SA C-251/12

Judges Ilešic (President) (Rapporteur), Jarašiunas, Ó Caoimh, Toader and Fernlund, and V. Tourrès, Administrator, 19 September 2013

Article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that a payment made at the behest of a debtor subject to insolvency proceedings to one of the latter’s creditors does not fall within the scope of that provision. 

The underlying dispute concerned a property development company which had its registered office in Antwerp, Belgium. In May 2006, an application to open insolvency proceedings was made in Brussels. Following that application, two cheques were issued for the benefit of the company by two of its debtor companies. Afterwards, the company appointed new directors and acquired a purchase option issued by a Panamanian company, “Kostner”. It opened two accounts with the respondent Luxembourg bank and transferred the cheques into one account then the other. The bank subsequently issued a cheque for Kostner in payment

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll