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Insolvency – Petition. The respondent company was a Greek state-owned airline that had gone into administration. The appellants were trustees of its pension scheme. The trustees presented a petition in England to wind-up the company on the ground that it was unable to meet its liability. The Chancery Division granted the petition, but it was overruled by the Court of Appeal. The Supreme Court dismissed the trustees' appeal. On the proper construction of 'economic activity' in the definition of 'establishment' in art 2(h) of Council Regulation (EC) 1346/2000 (on insolvency proceedings), the company could not, at the date of the petition, be said to have had an 'establishment' in the United Kingdom.
Insolvency – Petition. The respondent company was a Greek state-owned airline that had gone into administration. The appellants were trustees of its pension scheme. The trustees presented a petition in England to wind-up the company on the ground that it was unable to meet its liability. The Chancery Division granted the petition, but it was overruled by the Court of Appeal. The Supreme Court dismissed the trustees' appeal. On the proper construction of 'economic activity' in the definition of 'establishment' in art 2(h) of Council Regulation (EC) 1346/2000 (on insolvency proceedings), the company could not, at the date of the petition, be said to have had an 'establishment' in the United Kingdom.
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