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Case C-339/07: Judgment of the Court (First Chamber) of 12 February 2009 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH v Deko Marty Belgium NV (Judicial cooperation in civil matters — Insolvency proceedings — Court with jurisdiction)
ECLI:EU:UNKNOWN:62007CA0339
62007CA0339
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4.4.2009
Official Journal of the European Union
C 82/4
(Case C-339/07)
(Judicial cooperation in civil matters - Insolvency proceedings - Court with jurisdiction)
(2009/C 82/07)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH
Defendant: Deko Marty Belgium NV
Re:
Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) and Article 1(2)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Jurisdiction of the court of the Member State within the territory of which the centre of a debtor's main interests is situated in respect of judgments deriving directly from the insolvency proceedings and which are closely linked with them — Action (Insolvenzanfechtungsklage) for reimbursement of a payment by the debtor to a company whose registered office is in another Member State
Operative part of the judgment
Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the courts of the Member State within the territory of which insolvency proceedings have been opened have jurisdiction to decide an action to set a transaction aside by virtue of insolvency that is brought against a person whose registered office is in another Member State.
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Language of the case: German.
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(2009/C 82/07)
ECLI:EU:C:2009:82
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