European Directories v (DH6) BV [2010] EWHC 3472 (Ch) (06 December 2010)

European Directories v (DH6) BV [2010] EWHC 3472 (Ch) (06 December 2010)

The company’s COMI is in England, it is insolvent, and administration is reasonably likely to achieve a better result for creditors than liquidation; therefore, the court has jurisdiction and grants the administration order.

Citation
[2010] EWHC 3472 (Ch)
Parties
Applicant/company: European Directories DH6 BV; Supporter: Proposed Administrators; Supporter: Security Trustee; Supporter: Priority Lenders
Jurisdiction
England and Wales
Judgment Date
06 December 2010
Procedural Posture
Administration Application / Judgment on Application for Administration Order
Outcome
Administration order granted
Legal Topics
Administration Order, Centre of Main Interests (comi), Restructuring, Creditor Hierarchy, Jurisdiction Under EC Regulation
Insolvency Corporate Law EU Law Administration Order Centre of Main Interests (comi) Restructuring Creditor Hierarchy Jurisdiction Under EC Regulation

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Parties

European Directories DH6 BV

Applicant/company

Proposed Administrators

Supporter

Security Trustee

Supporter

Priority Lenders

Supporter

Procedural Posture

Administration Application / Judgment on Application for Administration Order

Legal Issues

  1. 1 Whether the court has jurisdiction to make an administration order for a company incorporated in the Netherlands
  2. 2 Whether the company's COMI is in England
  3. 3 Whether the company is insolvent

Ratio Decidendi

The company’s COMI is in England, it is insolvent, and administration is reasonably likely to achieve a better result for creditors than liquidation; therefore, the court has jurisdiction and grants the administration order.

Court Disposition

Administration order granted

Orders

  • Administration order made under paragraph 12 of Schedule B1 of the Insolvency Act 1986
  • Proposed restructuring to proceed as outlined