Reservation of title in insolvency proceedings: some remarks in light of the German graphics judgment of the ECJ

I.Foreword. II. The Proceedings in the German Graphics Case. III. The First Question Submitted to the Court by the Hoge Raad: Continuity between Regulation No 1346/00 and Regulation No 44/01. IV. The Second and Third Questions: the Possible Relevance of Law Applicable – According to the Court – in the Application of the Gourdain Formula to Reservation of Title. V.Law Applicable to Retention of Title: lex contractus, lex rei sitae and lex fori concursus. VI. The Central Role of the lex fori concursus in the System of Regulation No 1346/00. VII. The Interpretation of the Gourdain Formula Followed by the Court in German Graphics: Its Consequences on the Enforcement of Securities.