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
(2015/C 127/11)
Language of the case: German
Applicant: Simona Kornhaas
Defendant: Thomas Dithmar as liquidator of the assets of Kornhaas Montage und Dienstleistung Ltd
a)If a liquidator brings an action before a German court against a director of a private company limited by shares under English and Welsh law, in respect of whose assets in Germany insolvency proceedings have been opened pursuant to Article 3(1) of the Insolvency Regulation, the purpose of the action being to seek reimbursement of payments which the director made before the opening of the insolvency proceedings but after the company had become unable to pay its debts, is that action governed by German insolvency law within the meaning of Article 4(1) of the Insolvency Regulation?
b)Does an action as referred to above infringe freedom of establishment under Articles 49 and 54 TFEU?
Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, OJ 2000 L 160, p. 1.
* * *