May 11
2021
Trajan Shipley
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22nd April 2021
Competition & State Aid Internal Market Justice & Litigation

Court of Justice: applicable law to contract under Rome I Regulation also governs third party payment obligation under Insolvency Proceedings Regulation

The Court of Justice delivered its judgment today in Oeltrans Befrachtungsgesellschaft (C-73/20) finding that the law applicable to a contract under the Rome I Regulation (593/2008) also governs the payment made by a third party performing a contractual payment obligation in insolvency proceedings under Regulation 1346/2000, where that payment has been challenged as an act detrimental to all the creditors.

The Court recalled its case law under which a contracting party has received a payment in performance of that contract must be able to expect that the law applicable to said contract will also govern that payment, even after insolvency proceedings have been opened. It reasoned that the same applies where that payment is made not

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