Case C-292/25, shopping24: Request for a preliminary ruling from the Landesgericht Linz (Austria) lodged on 18 April 2025 – shopping24 Gesellschaft für multimediale Anwendung v SR as insolvency practitioner in respect of the assets of Sportgigant Lindpointner GmbH
Date: 2025-04-18
Institutions: Court of Justice
Subjects: Austria, Germany, civil proceedings, claim, financial solvency, jurisdiction, private international law








C_202503505EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3505


7.7.2025






Request for a preliminary ruling from the Landesgericht Linz (Austria) lodged on 18 April 2025 – shopping24 Gesellschaft für multimediale Anwendung v SR as insolvency practitioner in respect of the assets of Sportgigant Lindpointner GmbH


(Case C-292/25, shopping24)

(C/2025/3505)
Language of the case: German

Referring court

Landesgericht Linz

Parties to the main proceedings


Applicant: shopping24 Gesellschaft für multimediale Anwendung

Defendant: SR as insolvency practitioner in respect of the assets of Sportgigant Lindpointner GmbH

Questions referred







1.


Is Article 6 of Regulation (EU) 2015/848 (1) to be interpreted as meaning that, in the context of insolvency proceedings pending in Austria, Austria has exclusive jurisdiction over an action seeking a declaration of the existence of a claim under Austrian law even if, at the time of the opening of those insolvency proceedings, an action concerning the same claim is already pending in Germany and the latter proceedings may be continued – under German law – as proceedings for a declaration of the existence of a claim, which is to say as proceedings pursuing the objective of obtaining a (binding) determination of a claim vis-à-vis the insolvency practitioner and all of the insolvency creditors for the purpose of having that claim registered in insolvency proceedings?




If Question 1 is answered in the negative:






2.


Is Article 32(2) of that regulation to be interpreted as meaning that, in insolvency proceedings pending in Austria, the outcome of proceedings continued in Germany as proceedings for a declaration of the existence of a claim pursuing the objective of obtaining a (binding) determination of a claim vis-à-vis the insolvency practitioner and all of the insolvency creditors for the purpose of having that claim registered in insolvency proceedings is to be recognised in the insolvency proceedings, with the result that the existence and amount of the claim are established (or not, as the case may be)?




If Question 2 is answered in the affirmative:






3.


Is Article 18 of that regulation to be interpreted as meaning that the bringing of an action seeking a declaration of the existence of a claim under Austrian law is precluded by lis pendens, in the case where an action concerning the same claim is pending in Germany which may be continued – under German law – as proceedings for a declaration of the existence of a claim and which thus pursues the objective of obtaining a (binding) determination vis-à-vis the insolvency practitioner and all of the insolvency creditors to the effect that there is an (insolvency) claim for the purpose of having that claim registered in insolvency proceedings?






(1)  Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (OJ 2015 L 141, p. 19).


ELI: http://data.europa.eu/eli/C/2025/3505/oj
ISSN 1977-091X (electronic edition)