Ley aplicable a la acción revocatoria concursal (la excepción a la lex concursus del artículo 16 del Reglamento n.º 2015/848 sobre insolvencias)

Abstract

The law applicable to insolvency proceedings and their effects shall be that of the Member State within the territory of which such proceedings are opened, according to the article 7 of the European Regulation on Insolvency Proceedings. However, the article 16 enble the defense in front of the reintegration action pleading that according the lex causae the transaction is unchalleged. This possibility has been the subject of several judgement of the CJEU, about procedural aspects and about the lex causae and its scope, the latter being the subject of a possible change in the line taken so far by the Court.