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Case C-716/24, Ponner: Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main (Germany) lodged on 22 October 2024 – EJ
ECLI:EU:UNKNOWN:62024CN0716
62024CN0716
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Official Journal of the European Union
EN
C series
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C/2025/883
17.2.2025
(Case C-716/24, Ponner)
(C/2025/883)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: EJ
Questions referred
1.Must Article 2(c) of Regulation (EU) No 655/2014, read in conjunction with Recital 8 of Regulation No 655/2014, be interpreted as meaning that the opening of insolvency proceedings not covered by Regulation (EU) 2015/848, but conducted in a third country, precludes the issuing of an account preservation order under Article 7(1) of Regulation No 655/2014 or the forwarding of the request for account information under Article 14(3) of Regulation No 655/2014 if the national law of the Member State responsible for issuing the account preservation order recognises the insolvency proceedings in the third country concerned?
2.Must the first sub-paragraph of Article 14(1) and (3) of Regulation No 655/2014 – namely the ‘reasons to believe that the debtor holds one or more accounts with a bank in a specific Member State’ to be provided by the creditor and ‘well substantiated’ – be interpreted as meaning that circumstances which do not specifically indicate the existence of an account in the Member State concerned, but which generally imply strong economic links between the debtor and the Member State concerned, such as, for example, payments to the debtor via a payment service provider with registered office in the Member State concerned which is a subsidiary of the debtor, or the existence of an agency or branch of the debtor with registered office in that Member State?
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
Regulation of the European Parliament and of the Council of 15 May 2014 establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters (OJ 2014 L 189, p. 59).
Regulation of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (OJ 2015 L 141, p. 19).
ELI: http://data.europa.eu/eli/C/2025/883/oj
ISSN 1977-091X (electronic edition)
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