Posts Tagged Parfip
Thank you to both Patrick Wauthelet and Arie van Hoe for forwarding a copy of the judgment of the Brussels commercial court in Parfip. Please pop me an e-mail should you like a copy. The judgment is textbook application of CJEU precedent, including of course Eurofood and Interedil. Fully respecting the presumption of individual COMI in the case of a group of companies, the judgment refers to ia German and French precedent in rebuking the presumption. Not only were the companies effectively run from Brussels, notwithstanding non-Belgian seat for some of them; to third parties it was also clear that this was the case.
The judgment also confirms a narrow interpretation of the exception for ‘credit institutions’.
(Handbook of) EU private international law, 2nd ed. 2016, Chapter 5, Heading 188.8.131.52.Heading 184.108.40.206.4.