- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-112/10: Judgment of the Court (First Chamber) of 17 November 2011 (reference for a preliminary ruling from the Hof van Cassatie, Belgium) — Procureur-generaal bij het Hof van Beroep te Antwerpen v Zaza Retail BV (Regulation (EC) No 1346/2000 — Insolvency proceedings — Opening of territorial insolvency proceedings — Conditions laid down by the applicable national law preventing the opening of main insolvency proceedings — Creditor empowered to request the opening of territorial insolvency proceedings)
ECLI:EU:UNKNOWN:62010CA0112
62010CA0112
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
28.1.2012
Official Journal of the European Union
C 25/7
(Case C-112/10) (*)
(Regulation (EC) No 1346/2000 - Insolvency proceedings - Opening of territorial insolvency proceedings - Conditions laid down by the applicable national law preventing the opening of main insolvency proceedings - Creditor empowered to request the opening of territorial insolvency proceedings)
(2012/C 25/11)
Language of the case: Dutch
Referring court
Hof van Cassatie van België
Parties to the main proceedings
Applicant: Procureur-generaal bij het Hof van Beroep te Antwerpen
Defendant: Zaza Retail BV
Re:
Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of Article 3(4)(a) and (b) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — International jurisdiction to open insolvency proceedings — Jurisdiction of the courts of the Member State in which the debtor does not have the centre of its main interests but in which it does have one of its establishments — Concepts of ‘conditions laid down’ and of ‘creditor’.
Operative part of the judgment
The expression ‘conditions laid down’ in Article 3(4)(a) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, which refers to conditions, which, under the law of the Member State where the debtor has the centre of its main interests, prevent the opening of main insolvency proceedings in that State, must be interpreted as not referring to conditions excluding particular persons from the category of persons empowered to request the opening of such proceedings.
The term ‘creditor’ in Article 3(4)(b) of the Regulation, which is used to designate the persons empowered to request the opening of territorial insolvency proceedings, must be interpreted as not including an authority of a Member State whose task under the national law of that State is to act in the public interest, but which does not intervene as a creditor, or in the name or on behalf of those creditors.
(*)
Language of the case: Dutch
ECLI:EU:C:2012:140
(2012/C 25/11)