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Case C-25/20: Judgment of the Court (Ninth Chamber) of 25 November 2021 (request for a preliminary ruling from the Višje sodišče v Ljubljani — Slovenia) — Proceedings brought by NK, acting as liquidator in the insolvency of Alpine BAU GmbH (Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 28 — Article 32(2) — Time limit for the lodging of claims in insolvency proceedings — Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State — Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
ECLI:EU:UNKNOWN:62020CA0025
62020CA0025
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31.1.2022
Official Journal of the European Union
C 51/6
(Case C-25/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Articles 4 and 28 - Article 32(2) - Time limit for the lodging of claims in insolvency proceedings - Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State - Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened)
(2022/C 51/07)
Language of the case: Slovenian
Referring court
Parties to the main proceedings
Applicant: NK, acting as liquidator in the insolvency of Alpine BAU GmbH
Intervening parties: Alpine BAU GmbH, Salzburg — Celje Branch, in liquidation
Operative part of the judgment
Article 32(2) of Council Regulation (EC) 1346/2000 of 29 May 2000 on insolvency proceedings, read in conjunction with Articles 4 and 28 of that regulation, must be interpreted as meaning that the lodging, in secondary insolvency proceedings, of claims already submitted in the main insolvency proceedings by the liquidator in those proceedings is subject to the provisions relating to time limits for the lodging of claims and to the consequences of lodging such claims out of time, laid down by the law of the State of the opening of those secondary proceedings.
(<span class="oj-super">1</span>) OJ C 103, 30.9.2020.