Case C-594/14: Judgment of the Court (Sixth Chamber) of 10 December 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Simona Kornhaas v Thomas Dithmar, acting as liquidator of the assets of Kornhaas Montage und Dienstleistung Ltd (Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 4(1) — Determination of the applicable law — Legislation of a Member State laying down the obligation for a managing director of a company to reimburse that company for the payments made after it had become insolvent — Application of that legislation to a company established in another Member State — Articles 49 TFEU and 54 TFEU — Restriction on the freedom of establishment — None)
Date: 2015-12-10
Institutions: Court of Justice
Subjects: financial solvency, judicial cooperation in civil matters in the EU, judicial proceedings, payment, private international law, right of establishment








C_2016048EN.01000501.xml










8.2.2016   


EN


Official Journal of the European Union


C 48/5





Judgment of the Court (Sixth Chamber) of 10 December 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Simona Kornhaas v Thomas Dithmar, acting as liquidator of the assets of Kornhaas Montage und Dienstleistung Ltd
(Case C-594/14) (1)

((Reference for a preliminary ruling - Area of freedom, security and justice - Insolvency proceedings - Regulation (EC) No 1346/2000 - Article 4(1) - Determination of the applicable law - Legislation of a Member State laying down the obligation for a managing director of a company to reimburse that company for the payments made after it had become insolvent - Application of that legislation to a company established in another Member State - Articles 49 TFEU and 54 TFEU - Restriction on the freedom of establishment - None))
(2016/C 048/07)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Simona Kornhaas

Defendant: Thomas Dithmar, acting as liquidator of the assets of Kornhaas Montage und Dienstleistung Ltd

Operative part of the judgment







1.


Article 4 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that Article 4 of Regulation No 1346/2000 must be interpreted as meaning that an action directed against the managing director of a company established under the law of England and Wales, forming the subject of insolvency proceedings opened in Germany, brought before a German court by the liquidator of that company and seeking, on the basis of a national provision such as the first sentence of Paragraph 64(2) of the Law on limited liability companies, reimbursement of payments made by that managing director before the opening of the insolvency proceedings but after the date on which the insolvency of that company was established, falls within its scope.










2.


Article 49 TFEU and Article 54 TFEU do not preclude the application of a national provision, such as the first sentence of Paragraph 64(2) of the Law on limited liability companies to a managing director of a company established under the law of England and Wales which is the subject of insolvency proceedings opened in Germany.






(1)  OJ C 127, 20.4.2015.