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Case C-377/09: Reference for a preliminary ruling from the Tribunal de commerce de Bruxelles (Belgium) lodged on 23 September 2009 — Françoise Hanssens-Ensch (administrator in the bankruptcy proceedings relating to Agenor SA) v European Community
ECLI:EU:UNKNOWN:62009CN0377
62009CN0377
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19.12.2009
Official Journal of the European Union
C 312/15
(Case C-377/09)
2009/C 312/23
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Françoise Hanssens-Ensch (administrator in the bankruptcy proceedings relating to Agenor SA)
Defendant: European Community
Question referred
Is the second paragraph of Article 288 EC to be interpreted as meaning that a liability action under Article 530 of the Belgian Companies Code, brought by an administrator in bankruptcy proceedings seeking an order that the European Community should make good the bankrupt company’s liabilities, on the ground that the Community had the de facto power to manage a commercial company and was guilty of serious misconduct in the management of that company which contributed to its bankruptcy, constitutes an action in non-contractual liability for the purposes of that provision of the Treaty?