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Trillium (Nelson) Properties Limited v Office Metro Limited

A company with dual registration in Luxembourg and England  and whose centre of main interests had been transferred to Luxembourg did not have an establishment in England for the purposes of Regulation 1346/2000 on insolvency proceedings, its English registered office notwithstanding. The Court further held that the correct date for determining the issue of establishment was the date on which the English winding-up petition was presented, and, obiter, that no useful purpose would have been served by secondary proceedings in any event.

Blair Leahy acted for the Respondent (instructed by Weil Gotshal & Manges LLP)