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Case C-377/09: Judgment of the Court (Third Chamber) of 29 July 2010 (reference for a preliminary ruling from the Tribunal de commerce de Bruxelles — Belgium) — Françoise-Eléonor Hanssens-Ensch (insolvency administrator of Agenor SA) v European Community (Article 235 EC and Article 288 EC, second paragraph — Jurisdiction of the Court of Justice to hear and determine actions for damages brought against the European Community on the basis of non-contractual liability — Action to make good a shortfall in the assets, within the meaning of Article 530(1) of the Belgian Code des sociétés — Action brought against the European Community by the insolvency administrator of a limited company — Jurisdiction of the national courts to hear and determine such an action)
ECLI:EU:UNKNOWN:62009CA0377
62009CA0377
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11.9.2010
Official Journal of the European Union
C 246/13
(Case C-377/09)(1)
(Article 235 EC and Article 288 EC, second paragraph - Jurisdiction of the Court of Justice to hear and determine actions for damages brought against the European Community on the basis of non-contractual liability - Action to make good a shortfall in the assets, within the meaning of Article 530(1) of the Belgian Code des sociétés - Action brought against the European Community by the insolvency administrator of a limited company - Jurisdiction of the national courts to hear and determine such an action)
2010/C 246/20
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Françoise-Eléonor Hanssens-Ensch (insolvency administrator of Agenor SA)
Defendant: European Community
Re:
Reference for a preliminary ruling — Tribunal de commerce de Bruxelles — Interpretation of the second paragraph of Article 288 EC — Action for damages brought by an insolvency administrator against the European Community on grounds of serious misconduct on the part of the Community in the de facto management of a commercial company, thus contributing to its insolvency — Jurisdiction of the Court of Justice to hear and determine an action for damages brought under national insolvency provisions on the basis of non-contractual liability
Operative part of the judgment
An action for damages brought against the European Community on the basis of non-contractual liability, even if it is brought under national legislation establishing special statutory rules which differ from the ordinary rules of law governing civil liability in the Member State concerned, does not — pursuant to Article 235 EC, read in conjunction with the second paragraph of Article 288 EC — fall within the jurisdiction of the national courts.
(1) OJ C 312, 19.12.2009.
* * *
Language of the case: French.