2 . 3 . OF P O O L S O F F I S H AND P O O L S O F A S S E T S : T HE I M P O R T A N C E O F C O - O P E R A T I O N
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101
102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118
119 120 121 122 123 124 125 126 127
Entering into cross-border insolvency co-operation is not optional for the Member
States. The Court considers the duty of co-operation of particular importance in
exactly those instances, such as cross-border insolvency, where no worthwhile results
can be expected without the co-operation of all the Member States involved.
In allowing the Netherlands to protect investors/consumers in other Member States,
the Court in Alpine Investments considered that the receiving State was not in a
position to prevent or control telephone calls from another Member State 'without
requires collective efforts by all the Member States. As the Court's wording indicates,
it is not just in respect of common pools ot fish that 'performance of these duties is
particularly necessary'. It applies to all collective action dilemmas; thus, to common
pools of assets as much as to common pools ot fish. Consequently, the duty of mutual
assistance and co-operation in good faith is to be taken seriously in matters of crossborder
insolvency, as no single Member State can take effective measures without the
co-operation o f t h e other Member States involved.