Abstract
Article 33 contains the only exception to Member States’ obligation to recognise and enforce insolvency proceedings and judgments falling within the scope of the EIR. It allows Member State to refuse recognition and enforcement on grounds of a manifest violation of public policy. The commentary analyses how the public policy exception applies to the recognition and enforcement of judgments and the recognition of foreign insolvency proceedings. It demonstrates that only the very fundamental principles of a legal system engage the operation of Article 33 and discusses the gross violations of the principles of insolvency law that may qualify as a breach of public policy. In this context the authors underscore that the public policy clause must not be abused in order to second-guess a court’s decision relating to its jurisdiction to open main proceedings.
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