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Case C-195/15: Judgment of the Court (Fifth Chamber) of 26 October 2016 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — SCI Senior Home, in administration v Gemeinde Wedemark, Hannoversche Volksbank eG (Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5 — Notion of ‘third parties’ rights in rem’ — Public charge against immovable property to ensure payment of real property tax)
ECLI:EU:UNKNOWN:62015CA0195
62015CA0195
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Official Journal of the European Union
C 6/14
(Case C-195/15) (<a id="ntc1-C_2017006EN.01001401-E0001" href="#ntr1-C_2017006EN.01001401-E0001"> (<span class="super note-tag">1</span>)</a>)
((Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in civil matters - Insolvency proceedings - Regulation (EC) No 1346/2000 - Article 5 - Notion of ‘third parties’ rights in rem’ - Public charge against immovable property to ensure payment of real property tax))
(2017/C 006/16)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: SCI Senior Home, in administration
Defendants: Gemeinde Wedemark, Hannoversche Volksbank eG
Operative part of the judgment
Article 5 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted to the effect that security created by virtue of a provision of national law, such as that at issue in the main proceedings, by which the real property of a person owing real property taxes is, by operation of law, to be subject to a public charge and that property owner must accept enforcement of the decision recording that tax debt against that property, constitutes a ‘right in rem’ for the purposes of that article.
(<a id="ntr1-C_2017006EN.01001401-E0001" href="#ntc1-C_2017006EN.01001401-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2015:254:TOC">OJ C 254, 3.8.2015</a>.)