La tutela cautelar en los procedimientos de insolvencia de carácter trasnacional: un nuevo ejemplo de su aplicación por el TJUE (a propósito de la STJUE de 21 de enero de 2010)

Abstract

The recent sentence of the European High Court on 21 January 2010 has highlighted the importance of preventive measures in transnational insolvency cases. The Court has stated clearly that a resolution of opening of an insolvency case adopted by the competent tribunal of a member State will be recognized by the other member States as of the moment in which it produces ef-fects in the State of origin, except when the receiver State has opened a secondary proceeding of insolvency or when the regula-tions of the State of opening permits another thing. At the same time, this raises the thorny problem of the incidence of preventa-tive measures in the proceedings of insolvency and its relation with the meeting of creditors.