Case C-444/07: Judgment of the Court (First Chamber) of 21 January 2010 (Reference for a preliminary ruling from the Sąd Rejonowy Gdańsk-Północ — Republic of Poland) — Insolvency proceedings opened against MG Probud Gdynia sp. z o.o. (Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Refusal of recognition by a Member State of a judgment opening insolvency proceedings handed down by the competent court of another Member State and of the judgments concerning the course and closure of those insolvency proceedings)
Date: 2010-01-21
Institutions: Court of Justice
Subjects: financial solvency, interpretation of the law, judicial proceedings








C_2010063EN.01000201.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/2





Judgment of the Court (First Chamber) of 21 January 2010 (Reference for a preliminary ruling from the Sąd Rejonowy Gdańsk-Północ — Republic of Poland) — Insolvency proceedings opened against MG Probud Gdynia sp. z o.o.
(Case C-444/07) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Refusal of recognition by a Member State of a judgment opening insolvency proceedings handed down by the competent court of another Member State and of the judgments concerning the course and closure of those insolvency proceedings)
2010/C 63/02
Language of the case: Polish

Referring court

Sąd Rejonowy Gdańsk-Północ

Parties to the main proceedings


Applicant: MG Probud Gdynia sp. z o.o.

Defendant: Główny Urząd Celny w Saarbrücken

Re:

Reference for a preliminary ruling — Sąd Rejonowy Gdańsk-Północ — interpretation of Articles 3, 4, 16, 17 and 25 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Attachment by the authorities of a Member State of funds held in a bank account of an undertaking after insolvency proceedings in respect of that undertaking have been opened in another Member State, notwithstanding the provisions of the national law of the State in which those proceedings have been opened — Refusal of recognition by a Member State, in which secondary insolvency proceedings have not been opened, of the insolvency proceedings opened by a court of another Member State

Operative part of the judgment

Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, in particular Articles 3, 4, 16, 17 and 25, must be interpreted as meaning that, in a case such as that in the main action, after the main insolvency proceedings have been opened in a Member State the competent authorities of another Member State, in which no secondary insolvency proceedings have been opened, are required, subject to the grounds for refusal derived from Articles 25(3) and 26 of that regulation, to recognise and enforce all judgments relating to the main insolvency proceedings and, therefore, are not entitled to order, pursuant to the legislation of that other Member State, enforcement measures relating to the assets of the debtor declared insolvent that are situated in its territory when the legislation of the State of the opening of proceedings does not so permit and the conditions to which application of Articles 5 and 10 of the regulation is subject are not met.


(1)  OJ C 283, 24.11.2007.