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Case C-292/08: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 2 July 2008 — German Graphics Graphische Maschinen GmbH v A. van der Schee, acting as liquidator of Holland Binding BV
ECLI:EU:UNKNOWN:62008CN0292
62008CN0292
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Valentina R., lawyer
25.10.2008
Official Journal of the European Union
C 272/6
(Case C-292/08)
(2008/C 272/07)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: German Graphics Graphische Maschinen GmbH
Respondent: A. van der Schee, acting as liquidator of Holland Binding BV
Questions referred
1.Must Article 25(2) of the Insolvency Regulation be interpreted as meaning that the words ‘provided that that Convention [that is to say, the Brussels I Regulation] is applicable’ featuring in that provision imply that, before it can be concluded that the recognition and enforcement provisions of the Brussels I Regulation are applicable to judgments other than those referred to in Article 25(1) of the Insolvency Regulation, it is first necessary to examine whether, pursuant to Article 1(2)(b) of the Brussels I Regulation, such judgments fall outside the material scope of that regulation?
2.Must Article 1(2)(b) of the Brussels I Regulation, in conjunction with Article 7(1) of the Insolvency Regulation, be interpreted as meaning that it follows from the fact that an asset to which a reservation of title applies is situated, at the time of the opening of insolvency proceedings against the purchaser, in the Member State in which those insolvency proceedings are opened, that a claim of the seller based on that reservation of title, such as that of German Graphics, must be regarded as a claim which relates to bankruptcy or the winding-up of an insolvent company, within the meaning of Article 1(2)(b) of the Brussels I Regulation, and which therefore falls outside the material scope of that regulation?
3.Is it relevant in the context of Question 2 that, pursuant to Article 4(2)(b) of the Insolvency Regulation, the law of the Member State in which the insolvency proceedings are opened is to determine the assets which form part of the estate?
Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1).
Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).