Case note on CJEU 11 June 2026, ECLI:EU:C:2026:476, C-292/25 (Shopping24)

Abstract

Abstract

In Shopping24 (C-292/25) the Court of Justice of the European Union (CJEU) held that Article 6(1) of the European Insolvency Regulation confers exclusive jurisdiction on the courts in the Member State in which the insolvency proceeding has been opened. In the circumstances giving rise to Shopping24, a proceeding was pending in Germany regarding almost the same claim as the one that was, subsequently, lodged in an Austrian insolvency proceeding. Based on national insolvency law, the German proceeding had been stayed due to the declaration of insolvency of the debtor. Under both Austrian and German law, this proceeding could be continued when the claim was disputed in an insolvency proceeding. The question arose as to whether the Austrian court has exclusive jurisdiction to rule on the claim or that the German proceeding had to continue. The judgment of the CJEU is a logical continuation of its earlier case law, although it is arguably difficult to align with the principle of perpetuatio fori. The judgment may also serve as a basis for further clarification of the status of choice of forum agreements in relation to Article 6(1) EIR.