24 May 2012
Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch), [2012] All ER (D) 98 (May)
On the true interpretation of Art 3(1) of Council Regulation (EC) (No 1346/2000), “establishment” for the purposes of insolvency proceedings had to be demonstrated at a single moment in time, namely the time when the proceedings were opened. Were it otherwise and were it capable of referring to a number of different points of time, Art 3(1) of the Regulation would be unworkable because there could be a number of main proceedings, which was contrary to the purpose of the Regulation. The relevant date for determining the existence of establishment was the date of the presentation of the petition.
