#62025CJ0292EU Court Clarifies Jurisdiction for Claims Tied to Insolvency Proceedings
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This judgment confirms that claims directly tied to insolvency proceedings must be handled by the courts of the EU country where those insolvency proceedings were opened. In practice, a creditor cannot shift that dispute to another Member State if the claim is closely connected to proving or registering a claim in the insolvency case. The ruling matters for companies, creditors, insolvency administrators, and cross-border business partners. When a debtor enters insolvency in one EU country, disputes about whether a creditor’s claim exists for that insolvency process will generally need to be brought before the courts in that same country.
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Key Changes
- Confirms exclusive jurisdiction for insolvency-linked claims in the Member State where insolvency proceedings were opened
- Clarifies that actions to establish a claim for lodging in insolvency proceedings fall within insolvency jurisdiction when closely connected to the case
- Reduces forum shopping risk in cross-border EU insolvency disputes
Obligations
What this law requires
Actions that derive directly from insolvency proceedings and are closely linked with them fall within the exclusive jurisdiction of the courts of the Member State where the insolvency proceedings were opened under Article 6(1) of Regulation (EU) 2015/848.
A creditor seeking a declaration that its claim exists for the purpose of lodging that claim in insolvency proceedings must bring that action before the courts of the Member State where those insolvency proceedings were opened, where the action is directly derived from and closely linked to the insolvency proceedings.