ABSTRACT

This chapter covers the accumulation of related actions in the insolvency forum. It explains the reasons for the accumulation of such actions, namely the closeness to the insolvency proceedings which outweighs the application of the general rules on jurisdiction for civil and commercial matters to determine their jurisdiction. The main issues regarding the accumulation of related actions in the insolvency forum in cross-border cases is the distinction between the application of the Brussels Ibis Regulation and the EIR. This chapter provides a critical analysis of the Gourdain rule, which is the main solution to deal with the separation of the application of these two legal acts. It also discusses the relevant case law related to the interpretation of this rule.