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Case C-41/25, Orsay: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 23 January 2025 – HX as administrator in the insolvency proceedings regarding the assets of Orsay GmbH v Skarb Państwa, Naczelnik II Urzędu Skarbowego Warszawa-Śródmieście
ECLI:EU:UNKNOWN:62025CN0041
62025CN0041
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Official Journal of the European Union
C series
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C/2025/2356
28.4.2025
(Case C-41/25, Orsay)
(C/2025/2356)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: HX as administrator in the insolvency proceedings regarding the assets of Orsay GmbH
Defendant: Skarb Państwa, Naczelnik II Urzędu Skarbowego Warszawa-Śródmieście
Question referred
Must Article 6(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (1) be interpreted as meaning that, in view of the recognition of foreign insolvency proceedings, it contains an implied waiver by the Member States of the European Union of the principle of State immunity for actions in which the insolvency administrator, in accordance with the applicable insolvency law, claims that legal acts in relation to a Member State are voidable because they are to the detriment of the general body of creditors?
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(1)
OJ 2015 L 141, p. 19.
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ELI: http://data.europa.eu/eli/C/2025/2356/oj
ISSN 1977-091X (electronic edition)
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