Teismo sprendimo bankroto byloje pripažinimas kitoje Europos Sąjungos šalyje narėje

Abstract

The article analyses the judgment of EU member court to open insolvency proceedings and the recognition and enforcement of these judgments in another EU member state. The main principles of the recognition of court judgments in insolvency cases as well as the purpose and the procedures of the recognition in the European Union are disclosed in this article. These issues fall inside the scope of application of the Regulation 1346/2000, therefore, the author of the article pays a great attention to the theoretical analysis of this Regulation and its application in judicial practice. Although the court decision in insolvency proceedings is automatically recognized in another EU member state (without any additional procedures required), it does not necessarily mean that any decision in insolvency proceedings will be implicitly recognized and enforced in all cases. If a person concerned in particular lawsuit seeks the court judgment to be compulsory enforced in the EU member country, which recognizes this decision, it is required to appeal to a competent institution (in Lithuania – Court of Appeal) for the enforcement of the particular judgment. The application letter to the competent institution should be prepared in accordance with the requirements stated in the Regulation and Civil Process Code concerning form, content and supplements of the application. If the application is properly presented, it should be allowed to enforce the court judgment of another EU member country without revising the repudiation elements stated in the Regulation. However, if a person concerned in particular insolvency lawsuit requests to revise the particular decree proving the repudiation elements stated in the Regulation, the Court of Appeal of Lithuania verifies the existence of repudiation fundamental principles due to specific judgment. The article analyses the fundamental principles of non-recognition of judgments in insolvency proceedings, particularly concerning the conception and range of public policy. Based on such practical issues of the application of the Regulation, the author analyses the settled practice in insolvency lawsuits solved by the Court of Justice of the European Communities.