Publication in accordance with Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions — Invitation to lodge claims — Time limits to be observed
Date: 2018-07-02
Institutions: European Commission
Subjects: Germany, claim, investment bank, liquidation








C_2018230EN.01000701.xml










2.7.2018   


EN


Official Journal of the European Union


C 230/7





Publication in accordance with Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Invitation to lodge claims — Time limits to be observed
(2018/C 230/06)
In the proceedings relating to the request by the





Bundesanstalt für Finanzdienstleistungsaufsicht [Federal Financial Supervisory Authority]




Graurheindorfer Straße 108




53117 Bonn




GERMANY




- requesting creditor -
for the opening of insolvency proceedings in respect of the assets of





Dero Bank AG




Herzog-Wilhelm-Straße 26




80331 Munich




GERMANY




represented by its Director Lauterbach Alexander,

Court of registration: Munich District Court Registration number: HRB 124255 - debtor -

Sector: investment bank with full bank licence

Order: To protect the debtor’s assets against adverse changes (Section 21(1) and (2) InsO [Insolvency Code]), notwithstanding the order of the Federal Financial Supervisory Office, provisional insolvency administration was ordered at 14.00 on 21 February 2018, Section 21(2)(1)(1) InsO.
Appointed as provisional insolvency administrator is:





Dr jur. Michael Jaffé, lawyer




Franz-Joseph-Straße 8




80801 Munich




GERMANY




Tel. +49 892554870




Fax +49 8925548710




Email: info@jaffe-rae.de




It is ordered under Section 21(2)(1)(2) that acts by the debtor shall be effective only with the consent of the provisional insolvency administrator (no general prohibition on disposal is ordered under Section 22(1) InsO and/or Section 240(2) ZPO [Code of Civil Procedure]).
Enforcement measures against the debtor under Section 21(2)(3) InsO are suspended for the time being in so far as they do not concern immoveable property.
Notice of legal right to appeal:
An immediate appeal (hereinafter appeal) may be lodged against the decision.
Any appeal must be lodged with:





Munich District Court




Pacellistraße 5




80333 Munich




GERMANY




within a mandatory period of two weeks.
The period shall commence when the decision is announced or, if it is not announced, when it is served or effectively published on the internet under Section 9 InsO (www.insolvenzbekanntmachungen.de). Publication shall be sufficient proof of service on all the parties concerned, even if the InsO prescribes special service in addition to this under Section 9(3) InsO. It shall be deemed to have been effected as soon as two further days have elapsed since the publication date, Section 9(1)(3) InsO. The period shall commence as soon as any of these events occurs (announcement, service or effective publication).
Any appeal must be lodged in writing or by declaration entered in the records of the specified court. It can also be declared by being entered in the records of any district court; however, the period shall not be deemed to have been respected unless the entry is made in the records of the aforementioned court in good time. There is no requirement to use the services of a lawyer.
An appeal must be signed by the requester or the requester’s authorised representative.
The notice of appeal must contain the designation of the disputed decision and a declaration that an appeal is being made against the said decision.
Appeals may also be submitted in the form of an electronic document. A simple email will not meet the legal requirements.
The electronic document must






—


bear the qualified electronic signature of the person responsible or










—


be signed by the person responsible and transmitted by secure means.




An electronic document which bears the qualified electronic signature of the person responsible may be transmitted as follows:






—


by secure means or










—


to the court’s electronic court and administration postbox (EGVP) created to receive electronic documents.




Reference is made to Section 130a(4) of the Civil Code in respect of secure means of transmission. Regarding the special requirements for electronic communication with the courts, reference is made to the Ordinance concerning the technical framework conditions for electronic justice and the special electronic official postbox (Electronic Justice Ordinance - ERVV), as amended, on webpage www.justiz.de
Note:
The creditors may submit their claims up to the end of the proceedings.
Munich District Court - Insolvency Court - 21 February 2018