Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA

Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA

The airline did not have an establishment in England as of 20 July 2010 because it had ceased all commercial operations, dismissed its workforce, retained only ad hoc staff for winding-up, and had no assets of value; the activities did not amount to non-transitory, external, market-facing economic activity required by the Regulation.

Parties
Petitioners/respondents: The Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme; Respondent/appellant: Olympic Airlines SA
Jurisdiction
England and Wales
Judgment Date
06 June 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Secondary Insolvency Proceedings, Jurisdiction, Establishment Under EU Insolvency Regulation
Insolvency EU Law Secondary Insolvency Proceedings Jurisdiction Establishment Under EU Insolvency Regulation

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Parties

The Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme

Petitioners/respondents

Olympic Airlines SA

Respondent/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Olympic Airlines SA had an 'establishment' in England under Article 2(h) of Council Regulation (EC) 1346/2000 at the relevant date to justify secondary insolvency proceedings

Ratio Decidendi

The airline did not have an establishment in England as of 20 July 2010 because it had ceased all commercial operations, dismissed its workforce, retained only ad hoc staff for winding-up, and had no assets of value; the activities did not amount to non-transitory, external, market-facing economic activity required by the Regulation.

Court Disposition

Appeal allowed

Orders

  • No jurisdiction for trustees to commence secondary insolvency proceedings in England as of 20 July 2010