Annex proceeding and the continued interplay with the Brussels Ia Regulation

Abstract

This article deals with the interrelation between recast Brussels I Regulation and European Insolvency Regulation in respect of proceedings featuring connection with insolvency. It is essential to accommodate these proceedings within the scope of one or another regulation since it determines applicable jurisdictional rules and different possibilities for refusing the recognition or enforcement of a judgment. The article examines which type of actions could qualify as “deriving directly from the insolvency proceedings and which are closely linked to them” (annex proceedings) and therefore fall within European Insolvency Regulation. The possibility to invoke this regulation against third state defendants and exclusivity of jurisdiction in annex proceedings are also discussed.