# C_2010113EN.01003301.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/33 |
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1.5.2010

EN

Official Journal of the European Union

C 113/33

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Reference for a preliminary ruling from the Hof van Cassatie van België (Belgium), lodged on 1 March 2010 — Procureur-Generaal bij het Hof van Beroep te Antwerpen v Zaza Retail BV [Philippe and Cécile Noelmans, administrators in the winding-up of Zaza Retail BV (Belgium)]; voluntary intervener: Zaza Retail BV [Manon Cordewener, administrator in the winding-up of Zaza Retail BV (Netherlands)]

(Case C-112/10)

2010/C 113/51

Language of the case: Dutch

Referring court

Referring court

Hof van Cassatie van België

Parties to the main proceedings

Parties to the main proceedings

| Appellant | : | Procureur-Generaal bij het Hof van Beroep te Antwerpen |
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| Respondent | : | Zaza Retail BV
  [Philippe and Cécile Noelmans, administrators in the winding-up of Zaza Retail BV (Belgium)] |
| Voluntary intervener | : | Zaza Retail BV
  [Manon Cordewener, administrator in the winding-up of Zaza Retail BV (Netherlands)] |

Appellant

:

Procureur-Generaal bij het Hof van Beroep te Antwerpen

Respondent

:

Zaza Retail BV

[Philippe and Cécile Noelmans, administrators in the winding-up of Zaza Retail BV (Belgium)]

Voluntary intervener

:

Zaza Retail BV

[Manon Cordewener, administrator in the winding-up of Zaza Retail BV (Netherlands)]

Questions referred

Questions referred

| 1. | Does the term ‘the conditions laid down’ in Article 3(4)(a) of Council Regulation (EC) No 1346/2000 (1) also cover conditions relating to the capacity or the interest of a person — such as the public prosecution service of another Member State — to request the opening of insolvency proceedings, or do those conditions relate only to the substantive conditions for being made subject to such proceedings? |
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1.

Does the term ‘the conditions laid down’ in Article 3(4)(a) of Council Regulation (EC) No 1346/2000 (1) also cover conditions relating to the capacity or the interest of a person — such as the public prosecution service of another Member State — to request the opening of insolvency proceedings, or do those conditions relate only to the substantive conditions for being made subject to such proceedings?

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| 2. | Can the term ‘creditor’ in Article 3(4)(b) of Regulation No 1346/2000 be interpreted broadly to mean that a national authority which, under the law of the Member State to which it belongs, has power to request the opening of insolvency proceedings and acts in the public interest and as the representative of all the creditors, may also, in the present case, validly request the opening of territorial insolvency proceedings pursuant to Article 3(4)(b) of that regulation? |
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2.

Can the term ‘creditor’ in Article 3(4)(b) of Regulation No 1346/2000 be interpreted broadly to mean that a national authority which, under the law of the Member State to which it belongs, has power to request the opening of insolvency proceedings and acts in the public interest and as the representative of all the creditors, may also, in the present case, validly request the opening of territorial insolvency proceedings pursuant to Article 3(4)(b) of that regulation?

| 3. | If the term ‘creditor’ can also refer to a national authority with the power to request the opening of insolvency proceedings, does the application of Article 3(4)(b) of Regulation No 1346/2000 require that national authority to demonstrate that it is acting in the interests of creditors who themselves have their domicile, habitual residence or registered office in the country of that national authority? |
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3.

If the term ‘creditor’ can also refer to a national authority with the power to request the opening of insolvency proceedings, does the application of Article 3(4)(b) of Regulation No 1346/2000 require that national authority to demonstrate that it is acting in the interests of creditors who themselves have their domicile, habitual residence or registered office in the country of that national authority?

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(1)  Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1).

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