CELEX: C2006/224/21
Language: en
Date: 2006-09-16 00:00:00
Title: Case C-103/05: Judgment of the Court (Second Chamber) of 13 July 2006 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Reisch Montage AG v Kiesel Baumaschinen Handels GmbH (Regulation (EC) No 44/2001 — Article 6(1) — Cases where there is more than one defendant — Action brought in a Member State against a person domiciled in that State who is the subject of bankruptcy proceedings and a co-defendant domiciled in another Member State — Inadmissibility of the action against the person who is the subject of bankruptcy proceedings — Jurisdiction of the court seised in relation to the co-defendant)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/12
            
         Judgment of the Court (Second Chamber) of 13 July 2006 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — Reisch Montage AG v Kiesel Baumaschinen Handels GmbH
   (Case C-103/05) (1)
   
   (Regulation (EC) No 44/2001 - Article 6(1) - Cases where there is more than one defendant - Action brought in a Member State against a person domiciled in that State who is the subject of bankruptcy proceedings and a co-defendant domiciled in another Member State - Inadmissibility of the action against the person who is the subject of bankruptcy proceedings - Jurisdiction of the court seised in relation to the co-defendant)
   (2006/C 224/21)
   Language of the case: German
   Referring court
   Oberster Gerichtshof
   Parties to the main proceedings
   
      Applicant: Reisch Montage AG
   
      Defendant: Kiesel Baumaschinen Handels GmbH
   Re:
   Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 6(1) 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 (OJ 2001 L 12, p. 1) — Multiple defendants — Action brought in a Contracting State against a first defendant domiciled in that State and a co-defendant domiciled in another Contracting State — Inadmissibility of the action against that first defendant, the subject of bankruptcy proceedings — Jurisdiction of the court seised in relation to the co-defendant
   Operative part of the judgment
   Article 6(1) 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, in a situation such as that in the main proceedings, that provision may be relied on in the context of an action brought in a Member State against a defendant domiciled in that State and a co-defendant domiciled in another Member State even when that action is regarded under a national provision as inadmissible from the time it is brought in relation to the first defendant.
   
      (1)  OJ C 132, 28.5.2005.