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Case C-394/22, Oilchart International: Judgment of the Court (Second Chamber) of 14 November 2024 (request for a preliminary ruling from the hof van beroep te Antwerpen – Belgium) – Oilchart International NV v O.W. Bunker (Netherlands) BV, ING Bank NV (Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 1(2)(b) – Exclusion – Concept of bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings – Action deriving directly from insolvency proceedings and closely linked with them – Action for the payment of a claim lodged after the debtor company was put into liquidation and the declaration of that claim lodged in the insolvency estate – Regulation (EC) No 1346/2000)
ECLI:EU:UNKNOWN:62022CA0394
62022CA0394
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Official Journal of the European Union
C series
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C/2025/126
(Case C-394/22, (1) Oilchart International)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EU) No 1215/2012 - Scope - Article 1(2)(b) - Exclusion - Concept of ‘bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings’ - Action deriving directly from insolvency proceedings and closely linked with them - Action for the payment of a claim lodged after the debtor company was put into liquidation and the declaration of that claim lodged in the insolvency estate - Regulation (EC) No 1346/2000)
(C/2025/126)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Oilchart International NV
Defendants: O.W. Bunker (Netherlands) BV, ING Bank NV
Operative part of the judgment
Article 1(2)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters,
must be interpreted as not applying to an action brought in a Member State against a company seeking payment for goods delivered which does not mention either the insolvency proceedings opened previously against that company in another Member State or the fact that the claim was already declared in the insolvency estate.
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ELI: http://data.europa.eu/eli/C/2025/126/oj
ISSN 1977-091X (electronic edition)
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