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Case C-148/08: Reference for a preliminary ruling from the Juzgado de lo Mercantil No 1 (Commercial Court No 1), Spain lodged on 9 April 2008 — Finn Mejnertsen v Betina Mandal Barsoe
ECLI:EU:UNKNOWN:62008CN0148
62008CN0148
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Valentina R., lawyer
7.6.2008
Official Journal of the European Union
C 142/19
(Case C-148/08)
(2008/C 142/31)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Finn Mejnertsen
Defendant: Betina Mandal Barsoe
Questions referred
1.For the purposes of Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty of European Union and the Treaty establishing the European Community, should Denmark be considered to be a Member State within the meaning of Article 16 of Regulation (EC) No 1346/2000 (1) on insolvency proceedings?
2.Does the fact that that Regulation is subject to that Protocol mean that that Regulation does not form part of the body of Community law in that country?
3.Does the fact that Regulation No 1346/2000 is not binding on and is not applicable in Denmark mean that other Member States are not to apply that Regulation in respect of the recognition and enforcement of judicial declarations of insolvency handed down in that country, or, on the other hand, that other Member States are obliged, unless they have made derogations, to apply that Regulation when the judicial declaration of insolvency is handed down in Denmark and is presented for recognition and enforcement in other Member States, in particular, in Spain?
(1) Regulation (EC) No 1346/2000 of the Council, of 29 May 2000 (OJ L 160, p. 1).