The Meaning of ‘Economic Activity’ and ‘Establishment’ in Cross-border Insolvency Proceedings – The Implications of Olympic Airlines SA case - Research Portal

Law School

The Meaning of ‘Economic Activity’ and ‘Establishment’ in Cross-border Insolvency Proceedings – The Implications of Olympic Airlines SA case

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Published

Standard

The Meaning of ‘Economic Activity’ and ‘Establishment’ in Cross-border Insolvency Proceedings – The Implications of Olympic Airlines SA case. / Wood, John Michael.
In: International Company and Commercial Law Review, Vol. 9, 01.06.2015, p. 302-306.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Bibtex

@article{513af31b31f2442d959dadcddf3197d5,

title = "The Meaning of {\textquoteleft}Economic Activity{\textquoteright} and {\textquoteleft}Establishment{\textquoteright} in Cross-border Insolvency Proceedings – The Implications of Olympic Airlines SA case",

abstract = "The focus here is on “the place”, which will be defined as the “establishment”, and “interests on a regular basis”, which will be defined as “economic activity”. The importance of these terms has recently been discussed by the Supreme Court in the case of Trustees of the Olympic Airlines SA Pension and Life Insurance Scheme v Olympic Airlines. In this case Lord Sumption gave the main judgment (with whom Lord Neuberger, Lord Mance, Lord Reed and Lord Toulson agreed). The issue that the court had to determine was, if a company{\textquoteright}s COMI is in another Member State of the EU, what connection a foreign company must have with the UK to entitle an English court to wind it up. The implications of this ruling have the potential to have a serious impact on cross-border insolvency, the main aspects of which will now be examined.",

author = "Wood, {John Michael}",

year = "2015",

month = jun,

day = "1",

language = "English",

volume = "9",

pages = "302--306",

journal = "International Company and Commercial Law Review",

issn = "0958-5214",

publisher = "Sweet and Maxwell",

}

RIS

TY - JOUR

T1 - The Meaning of ‘Economic Activity’ and ‘Establishment’ in Cross-border Insolvency Proceedings – The Implications of Olympic Airlines SA case

AU - Wood, John Michael

PY - 2015/6/1

Y1 - 2015/6/1

N2 - The focus here is on “the place”, which will be defined as the “establishment”, and “interests on a regular basis”, which will be defined as “economic activity”. The importance of these terms has recently been discussed by the Supreme Court in the case of Trustees of the Olympic Airlines SA Pension and Life Insurance Scheme v Olympic Airlines. In this case Lord Sumption gave the main judgment (with whom Lord Neuberger, Lord Mance, Lord Reed and Lord Toulson agreed). The issue that the court had to determine was, if a company’s COMI is in another Member State of the EU, what connection a foreign company must have with the UK to entitle an English court to wind it up. The implications of this ruling have the potential to have a serious impact on cross-border insolvency, the main aspects of which will now be examined.

AB - The focus here is on “the place”, which will be defined as the “establishment”, and “interests on a regular basis”, which will be defined as “economic activity”. The importance of these terms has recently been discussed by the Supreme Court in the case of Trustees of the Olympic Airlines SA Pension and Life Insurance Scheme v Olympic Airlines. In this case Lord Sumption gave the main judgment (with whom Lord Neuberger, Lord Mance, Lord Reed and Lord Toulson agreed). The issue that the court had to determine was, if a company’s COMI is in another Member State of the EU, what connection a foreign company must have with the UK to entitle an English court to wind it up. The implications of this ruling have the potential to have a serious impact on cross-border insolvency, the main aspects of which will now be examined.

UR - http://clok.uclan.ac.uk/12901/

M3 - Journal article

VL - 9

SP - 302

EP - 306

JO - International Company and Commercial Law Review

JF - International Company and Commercial Law Review

SN - 0958-5214

ER -

Research