# C_2009267EN.01002201.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/22 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/22

---

Judgment of the Court (First Chamber) of 10 September 2009 (reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — German Graphics Graphische Maschinen GmbH v Alice van der Schee, acting as liquidator of Holland Binding BV

(Case C-292/08) (1)

1

(Insolvency - Application of the law of the Member State of the opening of proceedings - Reservation of title - Situation of assets)

2009/C 267/37

Language of the case: Dutch

Referring court

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Parties to the main proceedings

Applicant: German Graphics Graphische Maschinen GmbH

Applicant:

Defendant: Alice van der Schee, acting as liquidator of Holland Binding BV

Defendant:

Re:

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 4(2)(b), 7(1) and 25 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) and of Article 1(2)(b) of 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) — Material scope of the regulations — Rights of the ‘State of the opening of proceedings’ — Reservation of title — Location of the goods — Exclusion from the scope of the Brussels I Regulation

Operative part of the judgment

Operative part of the judgment

| 1. | Article 25(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the words ‘provided that that Convention is applicable’ imply that, before it can be concluded that the recognition and enforcement provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are applicable to judgments other than those referred to in Article 25(1) of Regulation No 1346/2000, it is necessary to determine whether such judgments fall outside the material scope of Regulation No 44/2001. |
| --- | --- |

1.

Article 25(2) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the words ‘provided that that Convention is applicable’ imply that, before it can be concluded that the recognition and enforcement provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are applicable to judgments other than those referred to in Article 25(1) of Regulation No 1346/2000, it is necessary to determine whether such judgments fall outside the material scope of Regulation No 44/2001.

| 2. | The exception provided for in Article 1(2)(b) of Regulation No 44/2001, read in conjunction with Article 7(1) of Regulation No 1346/2000, must be interpreted, account being taken of the provisions of Article 4(2)(b) of the latter regulation, as meaning that it does not apply to an action brought by a seller based on a reservation of title against a purchaser who is insolvent, where the asset covered by the reservation of title is situated in the Member State of the opening of those proceedings at the time of opening of those proceedings against that purchaser. |
| --- | --- |

2.

The exception provided for in Article 1(2)(b) of Regulation No 44/2001, read in conjunction with Article 7(1) of Regulation No 1346/2000, must be interpreted, account being taken of the provisions of Article 4(2)(b) of the latter regulation, as meaning that it does not apply to an action brought by a seller based on a reservation of title against a purchaser who is insolvent, where the asset covered by the reservation of title is situated in the Member State of the opening of those proceedings at the time of opening of those proceedings against that purchaser.

---

(1)  OJ C 272, 25.10.2008.

1

---