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Articles

Vol. 127 (2021)

“Civil and commercial matter” and “bankruptcy case” in the law of the European Union: Some comments

  • Agnieszka Guzewicz
DOI
https://doi.org/10.19195/0137-1134.127.11
Submitted
December 31, 2021
Published
2021-12-31

Abstract

The European Union is developing judicial cooperation in civil matters having cross-border implications. The autonomy of the EU legal order and the diversity of the legal systems of the Member States cause challenges for the interpretation of the concepts of EU law. The term “civil and commercial matter” is contained in supranational legal acts related to the area of jurisdiction, recognition and enforcement of judgements. In the course of the judicial interpretation process, the Court of Justice has applied the rules of uniform interpretation and it has highlighted the supranational meaning of the term “civil and commercial matter.” Judicial practice shows that the interpretation is not completely detached from the provisions of national legal orders. The influence of national regulations is especially noticeable when interpreting the exception of “bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings.” The scope of both concepts is analyzed.