Vol 15 (2018) - Issue 2

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Court of Justice of the European Union (CJEU) in Vinyls Italia SpA v Mediterranea di Navigazione SpA C-54/16

The CJEU gave a preliminary ruling on Article 13 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) (IR).
The request for the preliminary ruling was made by the Tribunale Ordinario di Venezia, Italy, in the course of proceedings aimed at the setting aside of transactions between Mediterranea di Navigazione SpA ('Mediterranea') and Vinyls Italia SpA ('Vinyls'), following the latter company’s insolvency, and the repayment of funds by Mediterranea paid to it by Vinyls in the six months prior to its declaration of insolvency.
Vinyls and Mediterranea were both Italian companies. The contested payments by Vinyls to Mediterranea were made pursuant to a ship charter contract (the 'Contract') concluded on 11 March 2008, the term of which was extended by an addendum of 9 December 2009. The Contract had an English governing law clause. Vinyls was in special administration in Italy.