On the applicable law to detrimental acts, third party payments and “assignment” of claims in cross border insolvency proceedings

In this preliminary ruling (C-73/20), the Court of Justice European Union (CJEU) faces again (as did in former case law), issue what law is applicable to detrimental acts within course a cross border insolvency proceeding. On occasion, CJEU analyses how and when, –according EU Private International Law (EU PIL) at hand for those proceedings, i.e.: lex spe-cialis (articles 4 13 Insolvency Regulation) generalis (article 12 para 1 lit Rome I Re-gulation)–, which one application determine can be considered as “detrimental” all creditors. With other words, whether it would act, concursus governs proceedings whole or contractus contract led these acts. However, particularity highly significant grounded different relationships parties consequence an “alleged” assignment between insolvent company, original debtor outsider creditor cross-border Something that not pore over expected.