2 . 2 . T H E P R I N C I P L E O F M U T U A L R E C O G N I T I O N

The principle of mutual recognition already illustrates that under Community law

Member States are no longer entirely free in their decision on whether or not to take

account of measures by sister Member states. Commenting on this Community law

principle Weiler notes that

'mutual recognition' or functional parallelism is not a radical hermeneutic

departure, but in fact a very conservative and fully justified application of the

principle of proportionality/ l s

Section Two. Community Law and Cross-Border Insolvency Regulation

principle of mutual recognition, one should focus on rules of Community law that

regard the relationship between Member States inter sc. At a general level, the Court

regards this relationship as being governed by a duty of mutual assistance and cooperation

in good faith under Article 10 EC.