# C_2017022EN.01001201.xml

| 23.1.2017 | EN | Official Journal of the European Union | C 22/12 |
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23.1.2017

EN

Official Journal of the European Union

C 22/12

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Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 4 November 2016 — Michael Dědouch and Others v Jihočeská plynárenská, a.s., E.ON Czech Holding AG

(Case C-560/16)

(2017/C 022/17)

Language of the case: Czech

Referring court

Referring court

Nejvyšší soud České republiky

Parties to the main proceedings

Parties to the main proceedings

Applicants: Michael Dědouch, MUDr. Petr Streitberg, Pavel Suda

Applicants:

Defendants: Jihočeská plynárenská, a.s., E.ON Czech Holding AG

Defendants:

Questions referred

Questions referred

| 1. | Must Article 22(2) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Brussels I Regulation’) be interpreted as also covering proceedings for the review of the reasonableness of the consideration which a majority shareholder is required to provide, as equivalent value for participating securities, to the previous owners of participating securities which were transferred to it as a result of a decision at a general meeting of a public limited company on the compulsory transfer of the other participating securities to that majority shareholder (otherwise known as a ‘squeeze out’), where the resolution adopted at the general meeting of the public limited company determines the amount of the reasonable consideration and where there is a court decision granting entitlement to a different amount of consideration which is binding on the majority shareholder and on the company as regards the basis of the right granted, as well as vis-à-vis the other owners of the participating securities? |
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1.

Must Article 22(2) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘the Brussels I Regulation’) be interpreted as also covering proceedings for the review of the reasonableness of the consideration which a majority shareholder is required to provide, as equivalent value for participating securities, to the previous owners of participating securities which were transferred to it as a result of a decision at a general meeting of a public limited company on the compulsory transfer of the other participating securities to that majority shareholder (otherwise known as a ‘squeeze out’), where the resolution adopted at the general meeting of the public limited company determines the amount of the reasonable consideration and where there is a court decision granting entitlement to a different amount of consideration which is binding on the majority shareholder and on the company as regards the basis of the right granted, as well as vis-à-vis the other owners of the participating securities?

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| 2. | If the answer to the preceding question is [in the] negative, must Article 5(1)(a) of the Brussels I Regulation be interpreted as also covering proceedings for review of the reasonableness of the consideration described in the previous question? |
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2.

If the answer to the preceding question is [in the] negative, must Article 5(1)(a) of the Brussels I Regulation be interpreted as also covering proceedings for review of the reasonableness of the consideration described in the previous question?

| 3. | If the answer to both the preceding questions is in the negative, must Article 5(3) of the Brussels I Regulation be interpreted as also covering proceedings for review of the reasonableness of the consideration described in the first question? |
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3.

If the answer to both the preceding questions is in the negative, must Article 5(3) of the Brussels I Regulation be interpreted as also covering proceedings for review of the reasonableness of the consideration described in the first question?

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(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

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