Article 13 of the EIR: The double test

Recently the European Court of Justice (ECJ) provided useful guidance on how to interpret Article 13 of the European Insolvency Regulation (EIR). Before this decision, the ECJ had already decided that if insolvency proceedings have been opened, the court where these insolvency proceedings are pending has jurisdiction in cases where the insolvency office holder wants to challenge a transaction based upon Article 13 of the EIR. The ECJ decided that this is also the case if a defendant is domiciled in a non-Member State.