Case C-185/07: Judgment of the Court (Grand Chamber) of 10 February 2009 (reference for a preliminary ruling from the House of Lords (United Kingdom)) — Allianz SpA, formerly Riunione Adriatica di Sicurta SpA, Generali Assicurazioni Generali SpA v West Tankers Inc. (Recognition and enforcement of foreign arbitral awards — Regulation (EC) No 44/2001 — Scope of application — Jurisdiction of a court of a Member State to issue an order restraining a party from commencing or continuing proceedings before a court of another Member State on the ground that those proceedings would be contrary to an arbitration agreement — New York Convention)
Date: 2009-02-10
Institutions: Court of Justice
Subjects: EU national, arbitration, civil law, commercial law, interpretation of the law, judicial proceedings, jurisdiction, mutual recognition principle

C 82/4

EN

Official Journal of the European Union

4.4.2009

The first indent of Article 4(1) of Directive 90/435 is unconditional
and sufficiently precise to be capable of being relied on before national
courts.

ment of judgments in civil and commercial matters for a court of a
Member State to make an order to restrain a person from commencing
or continuing proceedings before the courts of another Member State
on the ground that such proceedings would be contrary to an arbitra-
tion agreement.

(1) OJ C 117, 26.5.2007.

(1) OJ C 155, 7.7.2007.

Judgment of the Court (Grand Chamber) of 10 February
2009 (reference for a preliminary ruling from the House of
Lords
formerly
Riunione Adriatica di Sicurta SpA, Generali Assicurazioni
Generali SpA v West Tankers Inc.

(United Kingdom)) — Allianz SpA,

(Case C-185/07) (1)

(Recognition and enforcement of foreign arbitral awards —
Regulation (EC) No 44/2001 — Scope of application — Juris-
diction of a court of a Member State to issue an order
restraining a party from commencing or continuing proceed-
ings before a court of another Member State on the ground
that those proceedings would be contrary to an arbitration
agreement — New York Convention)

(2009/C 82/06)

Language of the case: English

Judgment of the Court (First Chamber) of 12 February
2009 (reference for a preliminary ruling from the Bundes-
gerichtshof — Germany) — Christopher Seagon in his
capacity as liquidator in respect of the assets of Frick
Supermärkte GmbH v Deko Marty
Teppichboden

Belgium NV

(Case C-339/07) (1)

(Judicial cooperation in civil matters — Insolvency proceedings
— Court with jurisdiction)

(2009/C 82/07)

Language of the case: German

Referring court

House of Lords

Referring court

Bundesgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellants: Allianz SpA, formerly Riunione Adriatica di Sicurta
SpA, Generali Assicurazioni Generali SpA

Applicant: Christopher Seagon in his capacity as liquidator in
respect of the assets of Frick Teppichboden Supermärkte GmbH

Respondent: West Tankers Inc.

Re:

Reference for a preliminary ruling — House of Lords — Inter-
pretation 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) — Power of a court of a Member State to
order a party not to commence court proceedings or to cease
those proceedings in another Member State on the ground that
they are contrary to an arbitration agreement

Operative part of the judgment

It
is incompatible with Council Regulation (EC) No 44/2001 of
22 December 2000 on jurisdiction and the recognition and enforce-

Defendant: Deko Marty Belgium NV

Re:

Reference for a preliminary ruling — Bundesgerichtshof —
Interpretation of Article 3(1) of Council Regulation (EC)
No 1346/2000 of 29 May 2000 on insolvency proceedings
(OJ 2000 L 160, p. 1) and 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 commer-
cial matters (OJ 2001 L 12, p. 1) — Jurisdiction of the court of
the Member State within the territory of which the centre of a
debtor's main interests is situated in respect of
judgments
deriving directly from the insolvency proceedings and which are
closely linked with them — Action (Insolvenzanfechtungsklage)
for reimbursement of a payment by the debtor to a company
whose registered office is in another Member State