La legge regolatrice degli effetti dell’apertura di procedure di insolvenza sui processi su crediti pendenti all’estero

This paper delves into a specific aspect of the broader challenge of cross-border insolvency proceedings: determining which law governs the impact of opening insolvency proceedings in one State on creditors’ claims-related lawsuits pending in another. This is a particularly delicate issue for a few reasons. On one hand, the effects of insolvency proceedings on ongoing creditors’ lawsuits are a critical component of how liabilities of the estate are ascertained under the lex fori concursus. This includes, crucially, how the proof of claims process coordinates with any pending lawsuits involving the debtor. On the other hand, according to the principle lex fori regit processum, the rules governing these lawsuits differ from those governing the insolvency proceedings themselves, especially when the lawsuits are pending in a different country. This work highlights the potential conflict between these opposing principles. It also examines the problems that can arise when the legal systems involved have different ways of coordinating proof of claim with creditors’ lawsuits. The paper then focuses on the differing interpretations of Article 18 of Regulation (EU) 2015/848. This article aims to identify the applicable law in these situations. Legal scholars have proposed various interpretations precisely because of the complexities introduced by differences among European leges concursus regarding the fate of creditors’ lawsuits pending when insolvency proceedings commence.