CELEX: 62012CA0328
Language: en
Date: 2014-01-16 00:00:00
Title: Case C-328/12: Judgment of the Court (First Chamber) of 16 January 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Ralph Schmid (liquidator of the assets of Aletta Zimmermann) v Lilly Hertel (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Action to set a transaction aside by virtue of the debtor’s insolvency — Defendant resident in a third country — Jurisdiction of the court of the Member State where the debtor has the centre of his main interests)

22.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 85/5
            
         Judgment of the Court (First Chamber) of 16 January 2014 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Ralph Schmid (liquidator of the assets of Aletta Zimmermann) v Lilly Hertel
   (Case C-328/12) (1)
   
   (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 1346/2000 - Insolvency proceedings - Action to set a transaction aside by virtue of the debtor’s insolvency - Defendant resident in a third country - Jurisdiction of the court of the Member State where the debtor has the centre of his main interests)
   2014/C 85/08
   Language of the case: German
   
      Referring court
   
   Bundesgerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Ralph Schmid (liquidator of the assets of Aletta Zimmermann)
   
      Defendant: Lilly Hertel
   
      Re:
   
   Request for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L 160, p. 1) — Jurisdiction of the courts of the Member State in which the debtor has the centre of his main interests for decisions deriving directly from the insolvency proceedings — Action to set a transaction aside by virtue of insolvency (Insolvenzanfechtungsklage) brought against a defendant whose place of residence is in a third country.
   
      Operative part of the judgment
   
   Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings must be interpreted as meaning that the courts of the Member State within the territory of which insolvency proceedings have been opened have jurisdiction to hear and determine an action to set a transaction aside by virtue of insolvency that is brought against a person whose place of residence is not within the territory of a Member State.
   
      (1)  OJ C 303, 6.10.2012.