Court of Cassation emphasizes role of brussels Ibis regulation in insolvency

The Court of Cassation made a ruling in a case with file number C.21.0150.N regarding the application of the Brussels Ibis Regulation. Dated April 28, 2022, this case involves a claim for payment of an invoice for goods delivered prior to the opening of an insolvency procedure. The claimant, established in an EU Member State, had filed a claim against a debtor for whom an insolvency procedure had been opened in another EU Member State.

The Brussels Ibis Regulation governs jurisdiction and the recognition and enforcement of decisions in civil and commercial matters within the EU. Unlike the Insolvency Regulation, which relates to bankruptcies and similar procedures, the Brussels Ibis Regulation deals with civil and commercial matters. The key consideration was whether the claim arose from the general rules of civil and commercial law or from specific rules for insolvency procedures.

The Court of Cassation concluded that the claim, despite the insolvency procedure, fell within the scope of the Brussels Ibis Regulation. The judgment was based on the determination that the claim originated from civil and commercial law, as it arose from an agreement made before the opening of the insolvency procedure. This implies that the claim could be filed independently of the insolvency procedure and thus fell under the Brussels Ibis Regulation.

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