Regarding international jurisdiction

This decision provides important insight into your property law. Here is what it changes for you.

The situation

In matters of international jurisdiction of the French court, Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings does not presume that the centre of main interests of an individual debtor is situated at his domicile or residence; that centre is understood as the place where the debtor habitually manages his interests and is therefore ascertainable by third parties. Consequently, a court of appeal gives a legally valid decision when, having found that the debtor had accumulated substantial liabilities in Germany where she carried on her activities, that she had rented an apartment in the Bas-Rhin department with her sister, who was involved in the same commercial misfortunes, leaving the rest of her family in her country of origin, that her non-food expenses were abnormally low and that, not speaking French, she had entered into an employment contract in France with a company whose activities were unknown, or even whether they were real, it deduced that the debtor did not have in France, on the date on which she filed her application, the centre of her main interests.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, letters)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.