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Case C-353/15: Request for a preliminary ruling from the Corte di Appello di Bari (Italy) lodged on 13 July 2015 — Leonmobili Srl, Gennaro Leone v Homag Holzbearbeitungssysteme GmbH and Others
ECLI:EU:UNKNOWN:62015CN0353
62015CN0353
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14.9.2015
Official Journal of the European Union
C 302/24
(Case C-353/15)
(2015/C 302/30)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Leonmobili Srl, Gennaro Leone
Defendants: Homag Holzbearbeitungssysteme GmbH, Curatela del Fallimento Leonmobili Srl, ICO Srl, Arturo Salice SpA, Grafiche Ricciarelli di Ricciarelli Bernardino, Deutsche Bank SpA, Fida Srl, Elica SpA
Questions referred
a)In the absence of any establishment in another Member State may the presumption provided for by the last part of Article 3(1) and Article 3(2) of Council Regulation (EC) No 1346/2000 (1) be rebutted in a challenge to jurisdiction by evidence that the centre of main interests of a company is in a different State from the one where the company has its registered office.
b)If the answer to the preceding question is in the affirmative, may that evidence be derived from another presumption, that is to say, from the assessment of information from which it can be logically deduced that the centre of main interests is in another Member State.
(1) Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1).