Windhorst v Levy

Windhorst v Levy

The 2003 Judgment remains formally enforceable under German law, and neither the Judgments Regulation nor the Insolvency Regulation permit this court to substitute its own assessment for that of the German courts. The appeal against registration is dismissed, and no unconditional stay of execution is granted, as the appellant has not provided the security required by German courts and the circumstances do not render enforcement unjust.

Parties
Appellant: Lars Windhorst; Respondent: Albert Levy
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Recognition and Enforcement of Foreign Judgments, Effect of Insolvency Plans, Stay of Execution, Mutual Trust Principle, Cross Border Insolvency
Civil Procedure Insolvency Private International Law Recognition and Enforcement of Foreign Judgments Effect of Insolvency Plans Stay of Execution Mutual Trust Principle Cross Border Insolvency

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Parties

Lars Windhorst

Appellant

Albert Levy

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether registration of a German judgment under Council Regulation (EC) 44/2001 should be set aside due to subsequent inclusion in a binding insolvency plan recognized under Council Regulation (EC) 1346/2000
  2. 2 Whether the judgment remains enforceable under German law despite the insolvency plan
  3. 3 Whether a stay of execution should be granted under CPR rule 83.7(4)

Ratio Decidendi

The 2003 Judgment remains formally enforceable under German law, and neither the Judgments Regulation nor the Insolvency Regulation permit this court to substitute its own assessment for that of the German courts. The appeal against registration is dismissed, and no unconditional stay of execution is granted, as the appellant has not provided the security required by German courts and the circumstances do not render enforcement unjust.

Court Disposition

appeal dismissed

Orders

  • Registration order stands; appeal against registration dismissed.
  • Application for stay of execution refused.