- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case C-328/12: Judgment of the Court (First Chamber) of 16 January 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Ralph Schmid (liquidator of the assets of Aletta Zimmermann) v Lilly Hertel (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Action to set a transaction aside by virtue of the debtor’s insolvency — Defendant resident in a third country — Jurisdiction of the court of the Member State where the debtor has the centre of his main interests)
ECLI:EU:UNKNOWN:62012CA0328
62012CA0328
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
22.3.2014
Official Journal of the European Union
C 85/5
(Case C-328/12) (<span class="super">1</span>)
(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Action to set a transaction aside by virtue of the debtor’s insolvency - Defendant resident in a third country - Jurisdiction of the court of the Member State where the debtor has the centre of his main interests)
2014/C 85/08
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ralph Schmid (liquidator of the assets of Aletta Zimmermann)
Defendant: Lilly Hertel
Re:
Request 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) — Jurisdiction of the courts of the Member State in which the debtor has the centre of his main interests for decisions deriving directly from the insolvency proceedings — Action to set a transaction aside by virtue of insolvency (Insolvenzanfechtungsklage) brought against a defendant whose place of residence is in a third country.
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 hear and determine an action to set a transaction aside by virtue of insolvency that is brought against a person whose place of residence is not within the territory of a Member State.
* Language of the case: German.
(1) OJ C 303, 6.10.2012.