26.1.2013

Official Journal of the European Union

C 26/4

Judgment of the Court (First Chamber) of 22 November 2012 (reference for a preliminary ruling from the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu — Poland) — Bank Handlowy w Warszawie SA, PPHU ‘ADAX’/Ryszard Adamiak v Christianapol sp. z o.o.

(Case C-116/11) (Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Concept of ‘closure of insolvency proceedings’ - Possibility for a court before which secondary insolvency proceedings have been brought to examine the debtor’s insolvency - Possibility of opening winding-up proceedings as secondary insolvency proceedings where the main proceedings are sauvegarde proceedings)

2013/C 26/07

Language of the case: Polish

Referring court

Parties to the main proceedings

Applicants: Bank Handlowy w Warszawie SA, PPHU ‘ADAX’/Ryszard Adamiak

Defendant: Christianapol sp. z o.o.

Re:

Reference for a preliminary ruling — Sąd Rejonowy Poznań-Stare Miasto w Poznaniu — Interpretation of Articles 4(1) and (2)(j) and 27 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Secondary insolvency proceedings — Right of the court having jurisdiction to open such proceedings in order to examine the debtor’s insolvency

Operative part of the judgment

1.Article 4(2)(j) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, as amended by Council Regulation (EC) No 788/2008 of 24 July 2008, must be interpreted as meaning that it is for the national law of the Member State in which insolvency proceedings have been opened to determine at which moment the closure of those proceedings occurs.

2.Article 27 of Regulation No 1346/2000, as amended by Regulation No 788/2008, must be interpreted as meaning that it permits the opening of secondary insolvency proceedings in the Member State in which the debtor has an establishment, where the main proceedings have a protective purpose. It is for the court having jurisdiction to open secondary proceedings to have regard to the objectives of the main proceedings and to take account of the scheme of the Regulation, in keeping with the principle of sincere cooperation.

3.Article 27 of Regulation No 1346/2000, as amended by Regulation No 788/2008, must be interpreted as meaning that the court before which an application to have secondary insolvency proceedings opened has been made cannot examine the insolvency of a debtor against which main proceedings have been opened in another Member State, even where the latter proceedings have a protective purpose.

(1)

OJ C 152, 21.5.2011.