Helsingin hovioikeus; 2015-12-09; Nike European Operations Netherlands B.V, Sportland Oy; HelHO:2015:1766
Decision by national courts in the field of European Union law — ECLI:FI:HelHO:2015:1766
Date: 2015-12-09
Subject matter: Brussels Convention of 27 September 1968
Origin: Finland

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JURE summary
JURE summary
This case concerned an appeal of the Nike European Operations Netherlands BV (hereinafter “Nike”) against the judgment of the Finnish District Court and the cross-appeal made by the counterparty of the dispute – the bankruptcy estate of Sportland Oy.
The Court of Appeal dismissed Nike’s demand and also dismissed the objection of inadmissibility raised by the cross-appeal of the bankruptcy estate.
After Nike responded to the bankruptcy estate complaint and the parties gave their statements, the Court of Appeal requested a preliminary ruling from the Court of Justice of the European Union (CJEU). The preliminary ruling concerned the interpretation of Article 13 of the Regulation (EC) No 1346/2000 (1). The CJEU provided an interpretation of this Article via case C-310/14 (2).
Subsequently, Nike reacted to the CJEU ruling by issuing a statement, which was later joined by the bankruptcy estate. In the statement the parties declared that they had reached an amicable settlement and thus requested the Court of Appeal to confirm the agreement of the parties having no demands for each other.
The Court of Appeal confirmed that the reconciliation agreement was neither against the law, nor unreasonable or violating the rights of the third party. The decision of the Court of Appeal replaced the District Court’s decision and the case was closed. The right of appeal to the Supreme Court within a defined time frame was not used.
(1) Judgment of the Court of 15 October 2015, Nike European Operations Netherlands BV v Sportland Oy, Case C-310/14, ECLI:EU:C:2015:690.
(2) Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.