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Case C-186/24, Auto1 European Cars: Judgment of the Court (Seventh Chamber) of 27 March 2025 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – Dr Matthäus Metzler, acting as insolvency practitioner v Auto1 European Cars BV (Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Article 31(1) – Awareness of the insolvency proceedings – Obligations for the benefit of a debtor which should be honoured for the benefit of the insolvency practitioner – Sale of an asset (car) by the debtor after the opening of the insolvency proceedings – Honouring of an obligation to a debtor)
ECLI:EU:UNKNOWN:62024CA0186
62024CA0186
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Official Journal of the European Union
C series
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C/2025/2832
(Case C-186/24,
Auto1 European Cars)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) 2015/848 - Insolvency proceedings - Article 31(1) - Awareness of the insolvency proceedings - Obligations for the benefit of a debtor which should be honoured for the benefit of the insolvency practitioner - Sale of an asset (car) by the debtor after the opening of the insolvency proceedings - Honouring of an obligation to a debtor)
(C/2025/2832)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Dr Matthäus Metzler, acting as insolvency practitioner
Respondent: Auto1 European Cars BV
Operative part of the judgment
Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings
must be interpreted as meaning that obligations honoured for the benefit of a debtor who is subject to insolvency proceedings, when they should have been honoured for the benefit of the insolvency practitioner in those proceedings, also include the honouring of an obligation arising from a legal act concluded by the debtor after the opening of those insolvency proceedings and the transfer of the administration of the assets to the insolvency practitioner, provided that such a legal act is enforceable, in accordance with the law of the State of the opening of those proceedings, against the creditors who are parties to such proceedings.
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(1) OJ C C/2024/3060.
ELI: http://data.europa.eu/eli/C/2025/2832/oj
ISSN 1977-091X (electronic edition)
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