Brac Rent-A-Car International Inc, Re [2003] EWHC (Ch) 128 (7 February 2003)
The Regulation gives the courts of a Member State jurisdiction to open insolvency proceedings in relation to a corporate debtor incorporated outside the EU if the centre of the debtor's main interests is within that Member State.
- Citation
- [2003] EWHC (Ch) 128
- Parties
- Petitioner: BRAC Rent-A-Car International Inc; Judgment Creditors: Francesco Dragotto and Giuseppe Dragotto, trading as Italy by Car
- Jurisdiction
- England and Wales
- Judgment Date
- 07 February 2003
- Procedural Posture
- Administration Order Petition / Judgment on Jurisdiction
- Outcome
- Jurisdiction affirmed; administration order made.
- Legal Topics
- Administration Order, Jurisdiction, Cross Border Insolvency, EC Regulation 1346/2000, Centre of Main Interests
Case Brief
Summary, issues, holding and outcome
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Parties
BRAC Rent-A-Car International Inc
Petitioner
Francesco Dragotto and Giuseppe Dragotto, trading as Italy by Car
Judgment Creditors
Procedural Posture
Administration Order Petition / Judgment on Jurisdiction
Legal Issues
- 1 Whether the English court has 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
Ratio Decidendi
The Regulation gives the courts of a Member State jurisdiction to open insolvency proceedings in relation to a corporate debtor incorporated outside the EU if the centre of the debtor's main interests is within that Member State.
Court Disposition
Jurisdiction affirmed; administration order made.
Orders
- Administration order granted in respect of BRAC Rent-A-Car International Inc.
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