4 . 2 . LAW O F U J S T R I B U ' F I ON
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The law of distribution aims to ensure an equitable distribution of the proceeds of
deployment (or conversely the loss o f insolvency). I t may mirror the relative position
creditors have under n o n - i n s o l v e n c y law or may adjust that ranking for various reasons.
1 "' In the latter case, this may amount to an obstacle to trade in the sense ot the
freedoms. If an obstacle is the result, Community law requires the Member State of
the forum concitrsusto show a sufficiently close connect ion with the objective pursued
and the interest underlying that adjustment.
In respect of rules of distribution aiming to protect certain creditors, the requirement
of a sufficiently close connection may seem to present a possible problem. By imposing
the distributional scheme of the lex fori coneursiis universally, not only are creditors
within the regulatory jurisdiction of the Member State where the proceedings were
opened protected, but also those creditors the protection of which appears to be