Mr Paul Appleby, the Director of Corporate Enforcement, has today welcomed the judgment of the European Court of Justice (ECJ) in the Eurofood case (Case C-341/04). The case concerned the resolution of specific legal questions concerning the interpretation of the EU Cross-Border Insolvency Regulation - Council Regulation (EC) 1346/2000 of 29 May 2000. These questions had been referred to the ECJ by the Supreme Court of Ireland on the basis that preliminary rulings from the ECJ were necessary before the Supreme Court could give judgment on an appeal brought against the appointment by the Irish High Court of a liquidator to the Irish company, Eurofood IFSC Limited. That appeal was brought by Mr Enrico Bondi, the Extraordinary Administrator appointed to Parmalat SpA, a major global food company incorporated in Italy, of which Eurofood was a subsidiary. Mr Bondi had argued that the decision of the relevant Italian Court to bring Eurofood into extraordinary administration should take precedence.
In the Matter of Eurofood IFSC Limited and In the Matter of the Companies Acts 1963 - 2003, Supreme Court Record Number, 147 / 04.