Brac Rent-A-Car International Inc, Re

Brac Rent-A-Car International Inc, Re

The English court has jurisdiction to make an administration order under the Insolvency Act 1986 in respect of a company incorporated outside the EU if its centre of main interests is in the UK, as the EC Regulation 1346/2000 applies based on COMI and not place of incorporation.

Parties
Petitioner/applicant: BRAC Rent-A-Car International Inc; Judgment Creditors/respondents: Francesco Dragotto and Giuseppe Dragotto, trading as Italy by Car
Jurisdiction
England and Wales
Judgment Date
07 February 2003
Procedural Posture
Administration Petition / Judgment on Jurisdiction to Make Administration Order
Outcome
Jurisdiction affirmed; administration order made.
Legal Topics
Jurisdiction Under EC Regulation 1346/2000, Administration of Foreign Companies, Centre of Main Interests (comi), Application of EU Insolvency Law to Non EU Companies
Insolvency Law Company Law European Union Law Jurisdiction Under EC Regulation 1346/2000 Administration of Foreign Companies Centre of Main Interests (comi) Application of EU Insolvency Law to Non EU Companies

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Parties

BRAC Rent-A-Car International Inc

Petitioner/applicant

Francesco Dragotto and Giuseppe Dragotto, trading as Italy by Car

Judgment Creditors/respondents

Procedural Posture

Administration Petition / Judgment on Jurisdiction to Make Administration Order

Legal Issues

  1. 1 Does the English court have jurisdiction to make an administration order under the Insolvency Act 1986 in respect of a company incorporated outside the EU but with its centre of main interests in the UK?
  2. 2 Does EC Regulation 1346/2000 apply to non-EU incorporated companies with their centre of main interests in a Member State?

Ratio Decidendi

The English court has jurisdiction to make an administration order under the Insolvency Act 1986 in respect of a company incorporated outside the EU if its centre of main interests is in the UK, as the EC Regulation 1346/2000 applies based on COMI and not place of incorporation.

Court Disposition

Jurisdiction affirmed; administration order made.

Orders

  • Administration order granted in respect of BRAC Rent-A-Car International Inc.