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Case C-649/13: Judgment of the Court (First Chamber) of 11 June 2015 (request for a preliminary ruling from the Tribunal de commerce de Versailles — France) — Comité d’entreprise de Nortel Networks SA and Others v Cosme Rogeau, acting as court-appointed liquidator in the secondary insolvency proceedings in respect of Nortel Networks SA and Cosme Rogeau, acting as court-appointed liquidator in the secondary insolvency proceedings in respect of Nortel Networks SA v Alan Robert Bloom and Others (Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 2(g), 3(2) and 27 — Regulation (EC) No 44/2001 — Judicial cooperation in civil matters — Main insolvency proceedings — Secondary insolvency proceedings — Conflict of jurisdiction — Exclusive or concurrent jurisdiction — Determination of the applicable law — Determination of the debtor’s assets falling within the secondary insolvency proceedings — Determination of the location of those assets — Assets situated in a third State)
ECLI:EU:UNKNOWN:62013CA0649
62013CA0649
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20150731025616762015/C 270/046492013CJC27020150817EN01ENINFO_JUDICIAL201506114411
(Case C-649/13) (*1)
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Comité d’entreprise de Nortel Networks SA and Others, Cosme Rogeau, acting as court-appointed liquidator in the secondary insolvency proceedings in respect of Nortel Networks SA
Defendants: Cosme Rogeau, acting as court-appointed liquidator in the secondary insolvency proceedings in respect of Nortel Networks SA, Alan Robert Bloom, Alan Michael Hudson, Stephen John Harris, Christopher John Wilkinson Hill
Operative part of the judgment
Articles 3(2) and 27 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the courts of the Member State in which secondary insolvency proceedings have been opened have jurisdiction, concurrently with the courts of the Member State in which the main proceedings have been opened, to rule on the determination of the debtor’s assets falling within the scope of the effects of those secondary proceedings.
The debtor’s assets that fall within the scope of the effects of secondary insolvency proceedings must be determined in accordance with Article 2(g) of Regulation No 1346/2000.
* Language of the case: French.
(1) OJ C 39, 8.2.2014.
ECLI:EU:C:2015:140
2015/C 270/04