35That provision must not be interpreted in a sense which also enables those assets to be reduced by the debts that the insolvent debtor owes to its creditors. If such an interpretation were to be adopted, the insolvent debtor could, via third parties who are unaware of the opening of insolvency proceedings, transfer the assets to that creditor and thereby undermine one of the principal objectives of Regulation No 1346/2000, set out in recital 4 in the preamble thereto, which consists in avoiding incentives for the parties to transfer assets from one Member State to another, seeking to obtain a more favourable legal position.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.