Case C-339/07: Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 20 July 2007 — Rechtsanwalt Christopher Seagon als Insolvenzverwalter über das Vermögen der Frick Teppichboden Supermärkte GmbH v Deko Marty Belgium N.V.
Date: 2007-11-10
Institutions: Court of Justice
Subjects: debt, financial solvency, interpretation of the law, jurisdiction

C 269/18

EN

Official Journal of the European Union

10.11.2007

for

Reference
from the
preliminary
Verwaltungsgericht Stuttgart (Germany), lodged on 20 July
2007 — Ibrahim Altun v Stadt Böblingen

ruling

a

(Case C-337/07)

(2007/C 269/35)

Language of the case: German

Referring court

Verwaltungsgericht Stuttgart

Parties to the main proceedings

Applicant: Ibrahim Altun

Defendant: Stadt Böblingen

Questions referred

1. Does the acquisition of the rights under the first sentence of
Article 7 of Decision No 1/80 of the EEC-Turkey Association
Council require that
the ‘principal’ person entitled, with
whom the member of the family has been legally resident for
the period of three years, satisfies the conditions of the first
sentence of Article 7 of Decision No 1/80 throughout the
whole of that period?

2. Does it suffice in this respect for a member of the family to
acquire the rights under the first sentence of Article 7 of
Decision No 1/80 that
the ‘principal’ person entitled is
employed during that period for two years and six months
with different employers,
is then unemployed through no
fault of his own for six months, and also remains unem-
ployed for a substantial period thereafter?

3. Can a person also rely on the first sentence of Article 7 of
Decision No 1/80 if he, as a member of the family, has
received permission to join a Turkish national whose right to
stay, and hence his lawful access to the labour force of a
Member State,
is based solely on the granting of political
asylum on the ground of political persecution in Turkey?

4. In the event that Question 3 is to be answered in the affir-
mative: Can a member of the family rely on the first sentence
of Article 7 of Decision No 1/80 even if the grant of political
asylum, and on that basis the right of stay and lawful access
to the labour market of the ‘principal’ person entitled (in this
case the father), are based on false statements?

5. In the event that Question 4 is to be answered in the nega-
tive: Is it necessary in such a case, before refusal of the rights
under the first sentence of Article 7 of Decision No 1/80 to
the member of the family, that the rights of the ‘principal’
person entitled (in this case the father) are first formally with-
drawn or revoked?

a

for

Reference
from the
preliminary
Bundesgerichtshof (Germany), lodged on 20 July 2007 —
Rechtsanwalt Christopher Seagon als Insolvenzverwalter
über das Vermögen der Frick Teppichboden Supermärkte
GmbH v Deko Marty Belgium N.V.

ruling

(Case C-339/07)

(2007/C 269/36)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Rechtsanwalt Christopher Seagon als Insolvenzver-
walter über das Vermögen der Frick Teppichboden Supermärkte
GmbH (Christopher Seagon, lawyer, as liquidator in insolvency
the assets of Frick Teppichboden
proceedings in respect of
Supermärkte GmbH)

Defendant: Deko Marty Belgium N.V.

Questions referred

1. On interpreting Article 3(1) of Council Regulation (EC)
No 1346/2000 (1) of 29 May 2000 on insolvency proceed-
ings
and Article 1(2)(b) of Council Regulation (EC)
No 44/2001 (2) of 22 December 2000 on jurisdiction and
the recognition and enforcement of judgments in civil and
commercial matters, do the courts of
the Member State
within the
territory of which insolvency proceedings
regarding the debtor's assets have been opened have interna-
tional jurisdiction under Regulation (EC) No 1346/2000 in
respect of an action in the context of the insolvency to set a
transaction aside that is brought against a person whose
registered office is in another Member State?

2. If the first question is to be answered in the negative:

Does an action in the context of the insolvency to set a
transaction aside fall within Article 1(2)(b) of Regulation (EC)
No 44/2001?

(1) OJ 2000 L 160, p. 1.
(2) OJ 2001 L 12, p. 1.