CELEX: 62013CA0557
Language: en
Date: 2015-04-16 00:00:00
Title: Case C-557/13: Judgment of the Court (First Chamber) of 16 April 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Hermann Lutz v Elke Bäuerle, acting as liquidator of ECZ Autohandel GmbH (Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Insolvency proceedings — Payment made after the date on which insolvency proceedings were opened on the basis of attachment carried out before that date — Action to set aside an act detrimental to the interests of the creditors — Limitation periods or other time-bars relating to actions to set transactions aside — Procedural requirements for the action — Applicable law)

15.6.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 198/7
            
         Judgment of the Court (First Chamber) of 16 April 2015 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Hermann Lutz v Elke Bäuerle, acting as liquidator of ECZ Autohandel GmbH
   (Case C-557/13) (1)
   
   ((Reference for a preliminary ruling - Regulation (EC) No 1346/2000 - Articles 4 and 13 - Insolvency proceedings - Payment made after the date on which insolvency proceedings were opened on the basis of attachment carried out before that date - Action to set aside an act detrimental to the interests of the creditors - Limitation periods or other time-bars relating to actions to set transactions aside - Procedural requirements for the action - Applicable law))
   (2015/C 198/09)
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Hermann Lutz
   
      Defendant: Elke Bäuerle, acting as liquidator of ECZ Autohandel GmbH
   
      Operative part of the judgment
   
   
               1)
            
            
               Article 13 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as applying to a situation in which a payment, challenged by an insolvency administrator, of a sum of money attached before the opening of the insolvency proceedings was made only after the opening of those proceedings.
            
         
               2)
            
            
               Article 13 of Regulation No 1346/2000 must be interpreted as meaning that the defence which it establishes also applies to limitation periods or other time-bars relating to actions to set aside transactions under the law governing the act challenged by the liquidator.
            
         
               3)
            
            
               The relevant procedural requirements for the exercise of an action to set a transaction aside are to be determined, for the purposes of the application of Article 13 of Regulation No 1346/2000, according to the law governing the act challenged by the liquidator.
            
         
      (1)  OJ C 15, 18.1.2014.