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Case C-251/12: Judgment of the Court (Third Chamber) of 19 September 2013 (request for a preliminary ruling from the Tribunal de commerce, Brussels — Belgium) — Christian Van Buggenhout and Ilse Van de Mierop, acting as liquidators in the insolvency of Grontimmo SA v Banque Internationale à Luxembourg SA (Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Article 24(1) — Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ — Payment made to a creditor of that debtor)
ECLI:EU:UNKNOWN:62012CA0251
62012CA0251
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23.11.2013
Official Journal of the European Union
C 344/29
(Case C-251/12) (<span class="super">1</span>)
(Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Article 24(1) - Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ - Payment made to a creditor of that debtor)
2013/C 344/50
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Christian Van Buggenhout and Ilse Van de Mierop, acting as liquidators in the insolvency of Grontimmo SA
Defendant: Banque Internationale à Luxembourg SA
Re:
Request for a preliminary ruling — Tribunal de commerce de Bruxelles — Interpretation of Article 24 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Payment made to a creditor of the insolvent debtor, at the request of the latter, in the absence of publication of the decision opening insolvency proceedings in another Member State — Discharge of agent acting in good faith — The scope <span class="italic">rationae personae</span> — Definition of ‘for the benefit of the debtor’ including solely payments made to the insolvent debtor or also payments made to its creditors
Operative part of the judgment
Article 24(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that a payment made at the behest of a debtor subject to insolvency proceedings to one of the latter’s creditors does not fall within the scope of that provision.
* Language of the case: French.