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Case C-111/08: Judgment of the Court (First Chamber) of 2 July 2009 (reference for a preliminary ruling from the Högsta domstolen (Sweden)) — SCT Industri AB i likvidation v Alpenblume AB (Judicial cooperation in civil matters — Jurisdiction and enforcement of judgments — Scope — Insolvency)
ECLI:EU:UNKNOWN:62008CA0111
62008CA0111
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29.8.2009
Official Journal of the European Union
C 205/8
(Case C-111/08)
(Judicial cooperation in civil matters - Jurisdiction and enforcement of judgments - Scope - Insolvency)
2009/C 205/12
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: SCT Industri AB i likvidation
Defendant: Alpenblume AB
Re:
Reference for a preliminary ruling — Högsta domstolen — Interpretation of 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) — Judgment of a court in Member State A ruling that the liquidator in insolvency proceedings in Member State B does not have power to transfer the assets of the company in liquidation located in Member State A — Action for recovery of property brought by the transferee company to recover the shares in a company which it had acquired in the insolvency proceedings but which were taken back by the transferring company pursuant to the judgment annulling the transfer
Operative part of the judgment
The exception provided for in Article 1(2)(b) of Council Regulation No 44/2001 (EC) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as applying to a judgment of a court of Member State A regarding registration of ownership of shares in a company having its registered office in Member State A, according to which the transfer of those shares was to be regarded as invalid on the ground that the court of Member State A did not recognise the powers of a liquidator from a Member State B in the context of insolvency proceedings conducted and closed in Member State B.
(1) OJ C 116, 09.05.2008.