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CHANCERY DIVISION INTERIM APPLICATIONS COURT
Neutral Citation Number [2003] EWHC 1028 (Ch)
Strand, London, WC2A 2LL |
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B e f o r e :
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IN THE MATTER OF THE SALVAGE ASSOCIATION AND IN THE MATTER OF THE INSOLVENCY ACT1986 |
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Hearing date : 15 April 2003
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Crown Copyright ©
Mr Justice Blackburne:
Introduction
Administration
"In this Part a reference to a company includes a reference to a company in relation to which an administration order may be made by virtue of Article 3 of the EC Regulation."
The reference is to Council Regulation (EC) 1346/2000 on Insolvency Proceedings ("the Regulation").
"1. The courts of the Member State within the territory of which the centre of the debtor's main interests is situated shall have jurisdiction to open insolvency proceedings. In the case of a company or legal person, the place of the registered office shall be presumed to be the centre of its main interests in the absence of proof to the contrary.
2. Where the centre of the debtor's main interests is situated within the territory of a Member State, the courts of another Member State shall have jurisdiction to open insolvency proceedings against that debtor only if he possesses an establishment within the territory of that other Members State. ..."
Article 2(a) defines "insolvency proceedings" as "the collective proceedings" listed in Annex A. The proceedings so listed include (in relation to the United Kingdom) administration.
Company voluntary arrangement
"In this Part a reference to a company includes a reference to a company in relation which a proposal for a voluntary arrangement may be made by virtue of Article 3 of the EC Regulation."
"Voluntary arrangements under insolvency legislation" are among the insolvency proceedings (applicable to the United Kingdom) set out in annex A
"... the judicial body or any other competent body of a Member State empowered to open insolvency proceedings or to take decisions in the course of such proceedings;"
Conclusion