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News

The CJEU on Payments to an Insolvent Debtor under the European Insolvency Regulation
This blog post from the European Association of Private International Law (EAPIL) blog on March 31, 2025, analyses a recent judgment by the Court of Justice of the European Union (CJEU) concerning Article 31 of the European Insolvency Regulation. 
 
Authored by Professor Antonio Leandro, Professor of Public and Private International Law at the University of Bari (Italy), the piece explores the Auto1 European Cars case, which clarifies how payments made to an insolvent debtor by unaware third parties are treated, especially when the obligation arose after insolvency proceedings commenced. 
 
The ruling sheds light on the association between Article 31 and the law of the state where insolvency proceedings are opened (lex concursus), in determining the enforceability of such transactions and the scope of Article 31's protection.
 
Read the full blog post here
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