Official Journal of the European Union

C 226/9

(Case C-327/13)

(2013/C 226/17)

Language of the case: French

Referring court

Parties to the main proceedings

Appellant: Burgo Group SpA

Respondents: Illochroma SA, in liquidation, Jérôme Theetten, acting as liquidator of Illochroma SA

Questions referred

Must Council Regulation (EC) No 1346/2000 [of 29 May 2000] on insolvency proceedings (1) and, in particular, Articles 3, 16, 27, 28 and 29 thereof, be interpreted to the effect that:

(a)‘establishment’, as referred to in Article 3(2), must be understood as referring to a branch of the debtor against which main insolvency proceedings have been opened and precludes, in the context of the concurrent winding-up of a number of companies belonging to a single group, secondary proceedings from being brought against those companies in the Member State in which their registered office is situated, on the ground that they possess legal personality?

(b)the person or authority empowered to request the opening of secondary proceedings must reside or have its registered office in the territory of the Member State of the court before which the action seeking the opening of secondary proceedings has been brought or must all European Union citizens have that right of action, provided that they can demonstrate a legal link to the establishment concerned?

(c)in so far as main insolvency proceedings are winding-up proceedings, the opening of secondary insolvency proceedings against an establishment is possible only if they meet the criteria as to appropriateness, which lie within the discretion of the court … before which the action seeking the opening of secondary proceedings has been brought?

(1) OJ 2000 L 160, p. 1.