CELEX: 62017CA0535
Language: en
Date: 2019-02-06 00:00:00
Title: Case C-535/17: Judgment of the Court (First Chamber) of 6 February 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI v BNP Paribas Fortis NV (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 — Scope of those regulations — Bankruptcy of a bailiff — Action brought by the liquidator in charge of administering and liquidating the bankruptcy)

8.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/9
            
         
      Judgment of the Court (First Chamber) of 6 February 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI v BNP Paribas Fortis NV
      (Case C-535/17) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 - Scope of those regulations - Bankruptcy of a bailiff - Action brought by the liquidator in charge of administering and liquidating the bankruptcy)
      (2019/C 131/10)
      Language of the case: Dutch
      
         Referring court
      
      Hoge Raad der Nederlanden
      
         Parties to the main proceedings
      
      
         Applicant: NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI
      
         Defendant: BNP Paribas Fortis NV
      
         Operative part of the judgment
      
      Article 1(1) and (2)(b) 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, such as that at issue in the main proceedings, concerning a claim for damages arising from liability for a wrongful act, brought by the liquidator in insolvency proceedings and the proceeds of which, if the claim succeeds, accrue to the general body of creditors, is covered by the concept of ‘civil and commercial matters’ within the meaning of Article 1(1), and therefore falls within the material scope of that regulation.
      
         (1)  OJ C 412, 4.12.2017.