UPC CFI, LD Paris, 19 June 2025: Voluntary intervention receiver in insolvency

Voluntary intervention by receiver in insolvency of NJ Diffusion allowed (R. 313 RoP). The consequences of this voluntary intervention will be decided in the substantive decision to be made. 

Request for security for costs inadmissible (R. 158 RoP). The panel notes, on the one hand, that this judicial guarantee provided for in R. 158 RdP does not condition the continuation of the action before the JUB, since only the involvement of the collective proceedings bodies and the declaration of claims in the proceedings constitute the sine qua non conditions for the resumption of the ongoing action, and on the other hand,  that the granting of this judicial guarantee to one of the creditors of the debtor in receivership would be contrary to the principle of equality of creditors that governs collective proceedings under French law.

IPPT20250619, UPC CFI, LD Paris, NJ Diffusion v Gisela Mayer