Case C-213/10: Judgment of the Court (First Chamber) of 19 April 2012 (reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) — F-Tex SIA v Lietuvos-Anglijos UAB ‘Jadecloud-Vilma’ (Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an action related to insolvency proceedings and closely connected with those proceedings — Regulation (EC) No 44/2001 — Article 1(1) and (2)(b) — Concepts of civil and commercial matters and of bankruptcy or winding-up — Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside)
Date: 2012-04-19
Institutions: Court of Justice
Subjects: claim, financial solvency, jurisdiction, legal action








C_2012165EN.01000301.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/3





Judgment of the Court (First Chamber) of 19 April 2012 (reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania)) — F-Tex SIA v Lietuvos-Anglijos UAB ‘Jadecloud-Vilma’
(Case C-213/10) (1)

(Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Article 3(1) - Concept of an action related to insolvency proceedings and closely connected with those proceedings - Regulation (EC) No 44/2001 - Article 1(1) and (2)(b) - Concepts of civil and commercial matters and of bankruptcy or winding-up - Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside)
2012/C 165/04
Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings


Applicant: F-Tex SIA

Defendant: Lietuvos-Anglijos UAB ‘Jadecloud-Vilma’

Re:

Reference for a preliminary ruling — Lietuvos Aukščiausiasis Teismas — 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 of Articles 1(2)(b) and 2(1) 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) — International jurisdiction to decide an actio Pauliana directly and closely connected with insolvency proceedings — Conflict of jurisdiction between the court in which the insolvency proceedings are taking place and the court of the defendant’s domicile — Actio Pauliana brought after the opening of insolvency proceedings, by the sole creditor of the company in liquidation, in a Member State other than that in which the insolvency proceedings are taking place, following the assignment by the liquidator to the creditor of the company’s claims against third parties

Operative part of the judgment

Article 1(1) 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 must be interpreted as meaning that an action brought against a third party by an applicant acting on the basis of an assignment of claims which has been granted by a liquidator appointed in insolvency proceedings and the subject-matter of which is the right to have a transaction set aside that the liquidator derives from the national law applicable to those proceedings is covered by the concept of civil and commercial matters within the meaning of that provision.


(1)  OJ C 195, 17.7.2010.